Statutory refund interest requires correction of short computation and compensation where admitted interest remains unpaid through administrative dela...
Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
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The Gujarat High Court held that the applicant, as a director and signatory of cheques, can be accused u/s 319 of CrPC despite non-service of notice u/s 138(b) of N.I. Act. The court emphasized the applicant's responsibility for company conduct. Citing Krisha Texport and Capital Markets case, the court found prosecution without notice valid. Impleadment u/s 319 after statutory period expiry is permissible pre-cognizance. The trial court's order was deemed lawful as no abuse of process occurred. The application was dismissed, and the rule discharged.
The Gujarat High Court held that the applicant, as a director and signatory of cheques, can be accused u/s 319 of CrPC despite non-service of notice u/s 138(b) of N.I. Act. The court emphasized the applicant's responsibility for company conduct. Citing Krisha Texport and Capital Markets case, the court found prosecution without notice valid. Impleadment u/s 319 after statutory period expiry is permissible pre-cognizance. The trial court's order was deemed lawful as no abuse of process occurred. The application was dismissed, and the rule discharged.
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