Embezzlement losses in charitable institutions remain allowable when misappropriation is established, irrecoverable, and not a specified-person benefi...
National long-distance undertaking status supports deduction where separately licensed infrastructure, resources, revenue, and expenditure establish c...
Agency reimbursement income follows contractual deposit-liability computation, while pending deposit collections do not constitute deemed-dividend loa...
Membership-consent thresholds for oppression petitions are satisfied by unchallenged voter-list consents, while unsupported forgery claims require pro...
This legal case pertains to the dishonor of a cheque and the presumption of innocence. The High Court held that the First Appellate Court erred in acquitting the accused solely on the ground that repeated presentation of the cheque and issuance of notice are not permissible. It cited a Supreme Court precedent allowing repeated presentation and successive notices, as long as the requirements u/s 138 of the Negotiable Instruments Act are satisfied. The High Court set aside the acquittal and remitted the matter to the First Appellate Court for fresh disposal, as the accused had no opportunity to get findings on other grounds raised before the First Appellate Court. The scope of appeal against conviction is wider than against acquittal, necessitating a fresh consideration by the lower court.
This legal case pertains to the dishonor of a cheque and the presumption of innocence. The High Court held that the First Appellate Court erred in acquitting the accused solely on the ground that repeated presentation of the cheque and issuance of notice are not permissible. It cited a Supreme Court precedent allowing repeated presentation and successive notices, as long as the requirements u/s 138 of the Negotiable Instruments Act are satisfied. The High Court set aside the acquittal and remitted the matter to the First Appellate Court for fresh disposal, as the accused had no opportunity to get findings on other grounds raised before the First Appellate Court. The scope of appeal against conviction is wider than against acquittal, necessitating a fresh consideration by the lower court.
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