Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Dishonor of cheque - vicarious liability u/s 141 of the Negotiable Instruments Act - Court held that the issue of whether statutory notice was issued is a matter of trial. However, the complaint case must fail due to a fundamental issue. The subject cheque, copy of which was on record, was signed only by petitioner's late husband. Although the cheque was issued from a joint account, it is a fact that the cheque is not signed by the petitioner. The criminal complaint filed against the petitioner is an abuse of process of law and is liable to be quashed and set aside. Consequently, the petition is allowed, and the criminal complaint against the petitioner is quashed.
Dishonor of cheque - vicarious liability u/s 141 of the Negotiable Instruments Act - Court held that the issue of whether statutory notice was issued is a matter of trial. However, the complaint case must fail due to a fundamental issue. The subject cheque, copy of which was on record, was signed only by petitioner's late husband. Although the cheque was issued from a joint account, it is a fact that the cheque is not signed by the petitioner. The criminal complaint filed against the petitioner is an abuse of process of law and is liable to be quashed and set aside. Consequently, the petition is allowed, and the criminal complaint against the petitioner is quashed.
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