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...
The SC dismissed a petition seeking transfer of a Section 138 NI Act case from Chandigarh to Coimbatore. The Court clarified that under Section 142(2)(a) of the NI Act, jurisdiction lies with the court where the branch of the bank in which the cheque was presented for collection is situated. The SC held that Section 406 CrPC transfer powers require circumstances "expedient for the ends of justice," not merely inconvenience to the accused in traveling between locations. The non-obstante clause in Section 142(1) does not abrogate the Court's transfer powers under Section 406 CrPC, but mere hardship or inconvenience does not meet the threshold for transfer. The petitioner may seek exemption from personal appearance or request online participation.
The SC dismissed a petition seeking transfer of a Section 138 NI Act case from Chandigarh to Coimbatore. The Court clarified that under Section 142(2)(a) of the NI Act, jurisdiction lies with the court where the branch of the bank in which the cheque was presented for collection is situated. The SC held that Section 406 CrPC transfer powers require circumstances "expedient for the ends of justice," not merely inconvenience to the accused in traveling between locations. The non-obstante clause in Section 142(1) does not abrogate the Court's transfer powers under Section 406 CrPC, but mere hardship or inconvenience does not meet the threshold for transfer. The petitioner may seek exemption from personal appearance or request online participation.
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