Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
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Dishonour of Cheque - Effect of arbitration proceedings - The High Court referred to a Supreme Court judgment which clarified that arbitration proceedings and proceedings under Section 138 NI Act arise from separate causes of action. As per the Supreme Court precedent, the pendency of arbitration proceedings would not affect the proceedings under Section 138 NI Act. - The Court emphasized that there was no bar to the simultaneous continuance of criminal and civil proceedings if they arose from separate causes of action. Therefore, the contention of the petitioners that the complaint under Section 138 NI Act was not maintainable due to ongoing arbitration proceedings was dismissed.
Dishonour of Cheque - Effect of arbitration proceedings - The High Court referred to a Supreme Court judgment which clarified that arbitration proceedings and proceedings under Section 138 NI Act arise from separate causes of action. As per the Supreme Court precedent, the pendency of arbitration proceedings would not affect the proceedings under Section 138 NI Act. - The Court emphasized that there was no bar to the simultaneous continuance of criminal and civil proceedings if they arose from separate causes of action. Therefore, the contention of the petitioners that the complaint under Section 138 NI Act was not maintainable due to ongoing arbitration proceedings was dismissed.
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