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...
The High Court considered a case involving dishonour of cheque due to insufficiency of funds, determining if a legally enforceable debt existed. The accused was acquitted of the offence u/s 138 of the Negotiable Instruments Act. The court assessed evidence to prove cheque execution, rebutting statutory presumptions u/s 139 and 118 of the NI Act. Referring to legal precedents, it highlighted the onus on the accused akin to civil proceedings and the standard of proof required to rebut presumptions. Emphasizing the principle that if two views are possible, an appellate court should not reverse an acquittal. The court upheld the finding that the accused successfully rebutted statutory presumptions, leading to dismissal of the appeal.
The High Court considered a case involving dishonour of cheque due to insufficiency of funds, determining if a legally enforceable debt existed. The accused was acquitted of the offence u/s 138 of the Negotiable Instruments Act. The court assessed evidence to prove cheque execution, rebutting statutory presumptions u/s 139 and 118 of the NI Act. Referring to legal precedents, it highlighted the onus on the accused akin to civil proceedings and the standard of proof required to rebut presumptions. Emphasizing the principle that if two views are possible, an appellate court should not reverse an acquittal. The court upheld the finding that the accused successfully rebutted statutory presumptions, leading to dismissal of the appeal.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
