Embezzlement losses in charitable institutions remain allowable when misappropriation is established, irrecoverable, and not a specified-person benefi...
National long-distance undertaking status supports deduction where separately licensed infrastructure, resources, revenue, and expenditure establish c...
Agency reimbursement income follows contractual deposit-liability computation, while pending deposit collections do not constitute deemed-dividend loa...
Membership-consent thresholds for oppression petitions are satisfied by unchallenged voter-list consents, while unsupported forgery claims require pro...
SC analyzed a cheque dishonour case under Negotiable Instruments Act Sections 118(a) and 139. The Court held that while presumptions under these sections are rebuttable, the complainant failed to substantiate the claim of an enforceable debt. Despite alleging cheque issuance in presence of well-wishers, no corroborative evidence was produced, such as income tax documents or accounting records. The accused successfully discharged the burden of proof by raising a probable defense. Consequently, the SC upheld the Trial Court's original acquittal order and reversed the High Court's judgment, thereby allowing the appeal in favor of the accused.
SC analyzed a cheque dishonour case under Negotiable Instruments Act Sections 118(a) and 139. The Court held that while presumptions under these sections are rebuttable, the complainant failed to substantiate the claim of an enforceable debt. Despite alleging cheque issuance in presence of well-wishers, no corroborative evidence was produced, such as income tax documents or accounting records. The accused successfully discharged the burden of proof by raising a probable defense. Consequently, the SC upheld the Trial Court's original acquittal order and reversed the High Court's judgment, thereby allowing the appeal in favor of the accused.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4881 
