Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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The High Court considered a case involving dishonour of cheque and cheating allegations u/s 138 of N.I. Act and u/s 420 IPC. The court found that there was no evidence of dishonest intention at the inception of the transaction, leading to the conclusion that the issuance of a cheque from a closed account did not establish the essential element of dishonest intention u/s 420 IPC. The court noted that the legal notice was premature, as the complainant could still file a fresh complaint u/s 138 of N.I. Act within two months. The conviction and sentence u/s 420 IPC and u/s 138 of N.I. Act were set aside, allowing for the possibility of a fresh complaint.
The High Court considered a case involving dishonour of cheque and cheating allegations u/s 138 of N.I. Act and u/s 420 IPC. The court found that there was no evidence of dishonest intention at the inception of the transaction, leading to the conclusion that the issuance of a cheque from a closed account did not establish the essential element of dishonest intention u/s 420 IPC. The court noted that the legal notice was premature, as the complainant could still file a fresh complaint u/s 138 of N.I. Act within two months. The conviction and sentence u/s 420 IPC and u/s 138 of N.I. Act were set aside, allowing for the possibility of a fresh complaint.
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