Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
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...
SC held that a complaint under the Negotiable Instruments Act is maintainable against a trustee who signs a cheque that is dishonoured, without necessity to array the trust as an accused. The Court reiterated that persons occupying offices entitling them to control daily conduct-by virtue of designation-fall within s.141, NI Act, and that the signatory to a dishonoured cheque is criminally liable under s.141. The impugned judgment was quashed and the appeal allowed. The Registry was directed to obtain orders from the CJI for constitution of an appropriate Bench to decide the pending reference in the related Special Leave Petition.
SC held that a complaint under the Negotiable Instruments Act is maintainable against a trustee who signs a cheque that is dishonoured, without necessity to array the trust as an accused. The Court reiterated that persons occupying offices entitling them to control daily conduct-by virtue of designation-fall within s.141, NI Act, and that the signatory to a dishonoured cheque is criminally liable under s.141. The impugned judgment was quashed and the appeal allowed. The Registry was directed to obtain orders from the CJI for constitution of an appropriate Bench to decide the pending reference in the related Special Leave Petition.
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