Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
The HC dismissed an application concerning dishonor of a post-dated cheque under Section 138 of the N.I. Act. The Court held that the proceedings were fatally flawed because the partnership firm (Kishan Construction) was not made a party to the complaint, with only one partner (respondent Kishan Bouri) named as accused. Following precedents in Sarad Kumar Sanghi and Aneeta Hada, the Court emphasized that when a company/firm commits an offense under Section 138, the entity itself must be arraigned as a party before vicarious liability can attach to its partners/directors under Section 141. This defect was deemed incurable as no statutory notice was served on the firm within the prescribed 30-day period.
The HC dismissed an application concerning dishonor of a post-dated cheque under Section 138 of the N.I. Act. The Court held that the proceedings were fatally flawed because the partnership firm (Kishan Construction) was not made a party to the complaint, with only one partner (respondent Kishan Bouri) named as accused. Following precedents in Sarad Kumar Sanghi and Aneeta Hada, the Court emphasized that when a company/firm commits an offense under Section 138, the entity itself must be arraigned as a party before vicarious liability can attach to its partners/directors under Section 141. This defect was deemed incurable as no statutory notice was served on the firm within the prescribed 30-day period.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
