Specialized Investment Fund distribution now requires dedicated certification, while transitional recognition preserves existing qualified distributor...
Overlapping GST proceedings require Central and State authorities to designate one competent authority for coordinated adjudication of the same matter...
Composite healthcare supplies retain exemption when patient care is the contract's essential character, despite payment through an implementing agency...
Receipt of immovable property requires actual possession or enjoyment; redevelopment allotments exchanged for tenancy rights fall outside deemed incom...
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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