Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
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Dishonour of Cheque - Scope of interim compensation - Liability of the Director the Company - The High Court found that Section 143A does not mandate the imposition of interim compensation but vests a discretionary power in the court. This discretion should consider the specific circumstances of each case, including existing securities and the financial status of the parties. - The Court highlighted that Section 143A explicitly targets the "drawer of the cheque" for interim compensation. Applying this to other associated persons without explicit legislative directive is incorrect. The judgment differentiated the role of a company's directors or signatories from the company itself, the latter being the actual drawer of the cheques. - The High Court set aside the Metropolitan Magistrate’s orders mandating the payment of interim compensation.
Dishonour of Cheque - Scope of interim compensation - Liability of the Director the Company - The High Court found that Section 143A does not mandate the imposition of interim compensation but vests a discretionary power in the court. This discretion should consider the specific circumstances of each case, including existing securities and the financial status of the parties. - The Court highlighted that Section 143A explicitly targets the "drawer of the cheque" for interim compensation. Applying this to other associated persons without explicit legislative directive is incorrect. The judgment differentiated the role of a company's directors or signatories from the company itself, the latter being the actual drawer of the cheques. - The High Court set aside the Metropolitan Magistrate’s orders mandating the payment of interim compensation.
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