Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Dishonour of cheque cases can be quashed by High Courts u/s 482 CrPC if unimpeachable material shows no offence. Supreme Court held proceedings shouldn't be scuttled at nascent stage based on prima facie impression. In a case where cheques were security deposit, Supreme Court ruled Section 138 covers cheques for "other liability" besides debt. Legal presumption and contested facts shouldn't be separated under inherent powers. Power to quash should be exercised sparingly. Petitioner raised mixed questions of fact and law, not examinable u/s 482 CrPC, desirable to leave for trial court adjudication based on evidence. Petition dismissed.
Dishonour of cheque cases can be quashed by High Courts u/s 482 CrPC if unimpeachable material shows no offence. Supreme Court held proceedings shouldn't be scuttled at nascent stage based on prima facie impression. In a case where cheques were security deposit, Supreme Court ruled Section 138 covers cheques for "other liability" besides debt. Legal presumption and contested facts shouldn't be separated under inherent powers. Power to quash should be exercised sparingly. Petitioner raised mixed questions of fact and law, not examinable u/s 482 CrPC, desirable to leave for trial court adjudication based on evidence. Petition dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4784
Join Channel
TaxTMI 
