Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
The court held that once a Magistrate takes cognizance and issues process against the accused, there is no provision in the Code of Criminal Procedure to allow the Magistrate to drop the proceedings at the behest of the accused. The revisional court's finding that the trial court wrongly dismissed the application for dropping proceedings was contrary to law. Regarding dishonor of a cheque due to 'account frozen', the court ruled that the complaint u/s 138 of the Act is maintainable even if the cheque is dishonored for this reason. The onus is on the accused to prove they were unaware of the account freeze, the freeze was beyond their control, and the account had sufficient balance when the cheque was issued. The revisional court's order was set aside, the trial court's order was restored, and the matter was remanded for a full-fledged trial.
The court held that once a Magistrate takes cognizance and issues process against the accused, there is no provision in the Code of Criminal Procedure to allow the Magistrate to drop the proceedings at the behest of the accused. The revisional court's finding that the trial court wrongly dismissed the application for dropping proceedings was contrary to law. Regarding dishonor of a cheque due to 'account frozen', the court ruled that the complaint u/s 138 of the Act is maintainable even if the cheque is dishonored for this reason. The onus is on the accused to prove they were unaware of the account freeze, the freeze was beyond their control, and the account had sufficient balance when the cheque was issued. The revisional court's order was set aside, the trial court's order was restored, and the matter was remanded for a full-fledged trial.
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