Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
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The petitioner contended that the dishonored cheques were not issued against any legally enforceable debt, claiming they were given as blank security cheques to one Vinod Tiwari for a loan. However, the petitioner failed to substantiate this claim through evidence or cross-examination of the respondent. Merely reiterating contentions without adducing material to show the loan existed with Vinod Tiwari was insufficient to dislodge the presumptions raised u/ss 118 and 139 of the Negotiable Instruments Act. The High Court found no infirmity in the impugned order, as the petitioner failed to rebut the presumptions, and dismissed the petition, exercising restraint from reappreciating evidence unless the order was wholly unreasonable or untenable.
The petitioner contended that the dishonored cheques were not issued against any legally enforceable debt, claiming they were given as blank security cheques to one Vinod Tiwari for a loan. However, the petitioner failed to substantiate this claim through evidence or cross-examination of the respondent. Merely reiterating contentions without adducing material to show the loan existed with Vinod Tiwari was insufficient to dislodge the presumptions raised u/ss 118 and 139 of the Negotiable Instruments Act. The High Court found no infirmity in the impugned order, as the petitioner failed to rebut the presumptions, and dismissed the petition, exercising restraint from reappreciating evidence unless the order was wholly unreasonable or untenable.
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