Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Dishonor of cheque due to insufficient funds - failure to rebut presumption u/s 139 of Negotiable Instruments Act. Court must presume cheque issued in discharge of legal liability, burden on accused to prove contrary. Issuing cheque as security attracts liability u/s 138 as per Supreme Court precedents. Accused admitted receiving notice, cheque dishonored for insufficient funds despite notice of demand. All ingredients of Section 138 satisfied. Compensation of Rs. 2,40,000 not excessive. Revision dismissed.
Dishonor of cheque due to insufficient funds - failure to rebut presumption u/s 139 of Negotiable Instruments Act. Court must presume cheque issued in discharge of legal liability, burden on accused to prove contrary. Issuing cheque as security attracts liability u/s 138 as per Supreme Court precedents. Accused admitted receiving notice, cheque dishonored for insufficient funds despite notice of demand. All ingredients of Section 138 satisfied. Compensation of Rs. 2,40,000 not excessive. Revision dismissed.
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