Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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HC dismissed second appeal concerning damages claimed for alleged malicious prosecution following dishonored cheque case. Plaintiff failed to establish essential elements of malicious prosecution - damage to reputation, property, or person. Court found no evidence of defamation or mental agony, and determined original Section 138 NI Act proceedings were not maliciously instituted. Mere acquittal in criminal case insufficient to prove malicious prosecution. Lower appellate court correctly noted absence of published negative publicity or demonstrable harm to plaintiff's image. Without proof of actual damages or malicious intent, plaintiff's claim for compensation failed legal threshold for tort of malicious prosecution. Appeal dismissed with no interference in first appellate court's judgment.
HC dismissed second appeal concerning damages claimed for alleged malicious prosecution following dishonored cheque case. Plaintiff failed to establish essential elements of malicious prosecution - damage to reputation, property, or person. Court found no evidence of defamation or mental agony, and determined original Section 138 NI Act proceedings were not maliciously instituted. Mere acquittal in criminal case insufficient to prove malicious prosecution. Lower appellate court correctly noted absence of published negative publicity or demonstrable harm to plaintiff's image. Without proof of actual damages or malicious intent, plaintiff's claim for compensation failed legal threshold for tort of malicious prosecution. Appeal dismissed with no interference in first appellate court's judgment.
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