Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
The HC set aside the issuance of process against the director in a cheque dishonour case under s.138 of the NI Act. While the complaint lacked verbatim reproduction of s.141 language regarding "in charge of" the company, the court clarified that exact reproduction is unnecessary if substantive allegations fulfill statutory requirements. However, the magistrate failed to conduct proper inquiry to establish prima facie grounds against the petitioner who claimed prior resignation. The court directed the trial court to conduct a proper inquiry to determine whether prima facie case exists against the petitioner before proceeding further. The petition was disposed of accordingly.
The HC set aside the issuance of process against the director in a cheque dishonour case under s.138 of the NI Act. While the complaint lacked verbatim reproduction of s.141 language regarding "in charge of" the company, the court clarified that exact reproduction is unnecessary if substantive allegations fulfill statutory requirements. However, the magistrate failed to conduct proper inquiry to establish prima facie grounds against the petitioner who claimed prior resignation. The court directed the trial court to conduct a proper inquiry to determine whether prima facie case exists against the petitioner before proceeding further. The petition was disposed of accordingly.
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