Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
The Supreme Court quashed the summoning order issued for offences u/ss 406, 420 and 120B of the Indian Penal Code, 1860, emphasizing the non-application of mind by the lower courts. It clarified the distinction between criminal breach of trust and cheating, stating that vicarious liability cannot be attributed to office bearers for these offences unless a statutory provision exists. Mere breach of contract or trust does not constitute criminal breach of trust or cheating unless fraudulent intention is proven from inception. In sale of goods, failure to pay consideration cannot amount to criminal breach of trust as the property passes to the purchaser upon delivery. The magistrate and police must carefully apply their mind to ascertain if allegations genuinely constitute these offences before taking cognizance or registering FIR.
The Supreme Court quashed the summoning order issued for offences u/ss 406, 420 and 120B of the Indian Penal Code, 1860, emphasizing the non-application of mind by the lower courts. It clarified the distinction between criminal breach of trust and cheating, stating that vicarious liability cannot be attributed to office bearers for these offences unless a statutory provision exists. Mere breach of contract or trust does not constitute criminal breach of trust or cheating unless fraudulent intention is proven from inception. In sale of goods, failure to pay consideration cannot amount to criminal breach of trust as the property passes to the purchaser upon delivery. The magistrate and police must carefully apply their mind to ascertain if allegations genuinely constitute these offences before taking cognizance or registering FIR.
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