Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
The HC dismissed a petition challenging acquittal under Section 138 of the Negotiable Instruments Act. The accused successfully rebutted statutory presumptions under Sections 118 and 139 by raising probable defence that no debt existed. The complainant failed to produce documentary evidence or witnesses proving advancement of the alleged friendly loan, despite cross-examination highlighting absence of corroborative evidence regarding loan's mode, manner, date, or purpose. Once the accused dislodged the presumption through probable defence, burden shifted to complainant to prove debt's existence as matter of fact. The Court found no perversity in the trial court's acquittal order, noting that acquittal fortifies presumption of innocence and should not be disturbed absent perverse evidence appreciation.
The HC dismissed a petition challenging acquittal under Section 138 of the Negotiable Instruments Act. The accused successfully rebutted statutory presumptions under Sections 118 and 139 by raising probable defence that no debt existed. The complainant failed to produce documentary evidence or witnesses proving advancement of the alleged friendly loan, despite cross-examination highlighting absence of corroborative evidence regarding loan's mode, manner, date, or purpose. Once the accused dislodged the presumption through probable defence, burden shifted to complainant to prove debt's existence as matter of fact. The Court found no perversity in the trial court's acquittal order, noting that acquittal fortifies presumption of innocence and should not be disturbed absent perverse evidence appreciation.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4827 
Join Channel 
