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...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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Acquittal of the accused in a cheque dishonor case. The court observed that once the accused raises a probable defense by leading evidence to show no debt/liability existed, the presumptions u/ss 118 and 139 of the Negotiable Instruments Act disappear. The burden then shifts to the complainant to prove the existence of debt as a matter of fact. In this case, the accused denied issuing the cheque and his signatures. Expert opinion was obtained, and the trial court found the complainant failed to prove the debt/liability's existence, mode of loan advancement, or documentary evidence. The high court found no perversity in the acquittal order, dismissing the petition challenging the acquittal.
Acquittal of the accused in a cheque dishonor case. The court observed that once the accused raises a probable defense by leading evidence to show no debt/liability existed, the presumptions u/ss 118 and 139 of the Negotiable Instruments Act disappear. The burden then shifts to the complainant to prove the existence of debt as a matter of fact. In this case, the accused denied issuing the cheque and his signatures. Expert opinion was obtained, and the trial court found the complainant failed to prove the debt/liability's existence, mode of loan advancement, or documentary evidence. The high court found no perversity in the acquittal order, dismissing the petition challenging the acquittal.
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