Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
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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