Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
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...
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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