Transfer pricing comparability prioritises reliable external CUPs and foreign-currency LIBOR benchmarks for exports, borrowings and delayed receivable...
Section 153C satisfaction and seized electronic records sustained unexplained-investment addition, subject to proportionate ownership-share verificati...
Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
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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