Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
Vicarious liability under Section 141 NI Act was examined where the accused director claimed to have resigned before dishonour of the cheques and sought quashing. The complaints contained basic averments that the accused was in charge of and responsible for the companies' business at the relevant time, and he was also the signatory to the cheques, attracting presumptions under Sections 118 and 139 NI Act. Applying the "unimpeachable and incontrovertible material" standard, the resignation and corporate filings were held insufficient to conclusively negate involvement; the accused's inconsistent stand and fact-intensive questions required trial. The request to interdict proceedings under Section 528 BNSS was rejected and the prosecution was allowed to continue. - HC
Vicarious liability under Section 141 NI Act was examined where the accused director claimed to have resigned before dishonour of the cheques and sought quashing. The complaints contained basic averments that the accused was in charge of and responsible for the companies' business at the relevant time, and he was also the signatory to the cheques, attracting presumptions under Sections 118 and 139 NI Act. Applying the "unimpeachable and incontrovertible material" standard, the resignation and corporate filings were held insufficient to conclusively negate involvement; the accused's inconsistent stand and fact-intensive questions required trial. The request to interdict proceedings under Section 528 BNSS was rejected and the prosecution was allowed to continue. - HC
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