Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
In an appeal by a convicted director/authorised signatory under Section 138 read with Section 141 of the NI Act where the company could not be proceeded against due to a legal impediment, the Court examined whether an appellate deposit under Section 148 can be directed against such individual. It held that the appellate court must not impose the 20% deposit mechanically and must consider exceptional circumstances, including that the appellant may not be the "drawer"; accordingly, the condition directing deposit was quashed and suspension of sentence was restored on bond. However, noting conflicting interpretations on whether Section 148 is confined to the juristic drawer in all such scenarios, the question was referred for decision by a Larger Bench. - SC
In an appeal by a convicted director/authorised signatory under Section 138 read with Section 141 of the NI Act where the company could not be proceeded against due to a legal impediment, the Court examined whether an appellate deposit under Section 148 can be directed against such individual. It held that the appellate court must not impose the 20% deposit mechanically and must consider exceptional circumstances, including that the appellant may not be the "drawer"; accordingly, the condition directing deposit was quashed and suspension of sentence was restored on bond. However, noting conflicting interpretations on whether Section 148 is confined to the juristic drawer in all such scenarios, the question was referred for decision by a Larger Bench. - SC
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