Customs valuation must use comparable contemporary imports, while confiscation fines and penalties require proportionate recalculation on reassessed v...
Depositor-protection proceedings prevail over corporate insolvency, while liquidators may recover chit receivables using copies of seized company reco...
Intermediary service classification fails where overseas admission facilitation is supplied independently, preserving export treatment and small-provi...
Satellite transponder bandwidth is telecommunication, not Business Support Service; foreign non-telegraph providers triggered no service tax liability...
Commitment proceedings gain extended timelines, structured defect refiling, and automatic resumption of inquiry after the adjusted completion period e...
Centralised assessment transfer becomes unwarranted once the searched person's assessment is complete, requiring restoration to the appropriate charge...
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Dishonour of cheque - vicarious liability in criminal law - The SC interpreted Section 7 of the NI Act to identify the "drawer" as the individual issuing the cheque, establishing the drawer's primary obligation u/s 138 to maintain sufficient funds. The argument that directors or authorized signatories should be liable u/s 143A misinterprets statutory language and intent. The general rule against vicarious criminal liability underscores that individuals are not typically liable for others' acts unless specific provisions extend such liability. Section 141 extends liability to company officers for cheque dishonour, but liability arises from individual conduct, not merely position. The SC upheld the strict interpretation of "drawer" as the cheque issuer, excluding authorized signatories, aligning with legislative intent, precedents, and interpretation principles. The primary liability lies with the company, while management is vicariously liable u/s 141's conditions.
Dishonour of cheque - vicarious liability in criminal law - The SC interpreted Section 7 of the NI Act to identify the "drawer" as the individual issuing the cheque, establishing the drawer's primary obligation u/s 138 to maintain sufficient funds. The argument that directors or authorized signatories should be liable u/s 143A misinterprets statutory language and intent. The general rule against vicarious criminal liability underscores that individuals are not typically liable for others' acts unless specific provisions extend such liability. Section 141 extends liability to company officers for cheque dishonour, but liability arises from individual conduct, not merely position. The SC upheld the strict interpretation of "drawer" as the cheque issuer, excluding authorized signatories, aligning with legislative intent, precedents, and interpretation principles. The primary liability lies with the company, while management is vicariously liable u/s 141's conditions.
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