Political contribution deductions require genuine transactions; banking records and party registration alone cannot defeat evidence of accommodation e...
Post-death GST liability permits fresh proceedings against legal representatives, while discontinued-business recovery remains limited to the inherite...
Non-confirmation of FEMA seizure prevents adjudicators from overriding pending appellate findings on recorded reasons and suspected foreign asset hold...
Dishonor of cheque case - vicarious liability of directors u/s 138 read with Sections 141 and 142 of Negotiable Instruments Act. Court held specific, unambiguous averments required in complaint to establish director's role and responsibility for company's conduct. Mere designation insufficient; complainant must show how accused was in charge of day-to-day affairs. Section 141 raises legal fiction of vicarious liability but strict compliance with statutory requirements necessary. Complaint lacked specific allegations against petitioner directors, who were non-executive/independent directors. Sections 138 and 141 aimed at enhancing credibility of negotiable instruments, not misuse. Penal provisions to be strictly construed. Complaint insufficient to attract Section 141, hence summoning order against petitioners quashed. Petition allowed.
Dishonor of cheque case - vicarious liability of directors u/s 138 read with Sections 141 and 142 of Negotiable Instruments Act. Court held specific, unambiguous averments required in complaint to establish director's role and responsibility for company's conduct. Mere designation insufficient; complainant must show how accused was in charge of day-to-day affairs. Section 141 raises legal fiction of vicarious liability but strict compliance with statutory requirements necessary. Complaint lacked specific allegations against petitioner directors, who were non-executive/independent directors. Sections 138 and 141 aimed at enhancing credibility of negotiable instruments, not misuse. Penal provisions to be strictly construed. Complaint insufficient to attract Section 141, hence summoning order against petitioners quashed. Petition allowed.
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