Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
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Validity of a complaint filed u/s 138 of the Negotiable Instruments Act through a Power of Attorney. The court held that it can quash complaints at the pre-trial stage u/s 482 of CrPC if unimpeachable material indicates the accused was not involved or no offense is made out. However, following the Supreme Court's ruling in Rathish Babu Unnikrishnan v. State, the court must examine whether the factual defense disproves the entire allegations. The complaint mentioned the authorized representative had personal knowledge and competence to file the case. While the petitioner raised questions about the attorney's capability, the extent of knowledge, and the validity of the compromise deed, these issues did not disprove the allegations and can be determined during trial after evidence is led. The court dismissed the petition, finding that the petitioner raised questions of fact and law better left for adjudication at the trial stage.
Validity of a complaint filed u/s 138 of the Negotiable Instruments Act through a Power of Attorney. The court held that it can quash complaints at the pre-trial stage u/s 482 of CrPC if unimpeachable material indicates the accused was not involved or no offense is made out. However, following the Supreme Court's ruling in Rathish Babu Unnikrishnan v. State, the court must examine whether the factual defense disproves the entire allegations. The complaint mentioned the authorized representative had personal knowledge and competence to file the case. While the petitioner raised questions about the attorney's capability, the extent of knowledge, and the validity of the compromise deed, these issues did not disprove the allegations and can be determined during trial after evidence is led. The court dismissed the petition, finding that the petitioner raised questions of fact and law better left for adjudication at the trial stage.
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