Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
In a revision against conviction under s.138 NI Act, the dominant issue was whether the accused rebutted the statutory presumptions under ss.118(a) and 139 after admitting the cheque and signature. Since issuance and signature were not disputed, presumption of legally enforceable debt arose and the accused led no credible rebuttal; the plea of non-receipt of notice failed as no payment was made within 15 days of summons. The revisional court held it could not reappreciate evidence absent perversity and found no jurisdictional error or patent illegality in the conviction. Compensation equal to the cheque amount was held not excessive. Revision was dismissed - HC
In a revision against conviction under s.138 NI Act, the dominant issue was whether the accused rebutted the statutory presumptions under ss.118(a) and 139 after admitting the cheque and signature. Since issuance and signature were not disputed, presumption of legally enforceable debt arose and the accused led no credible rebuttal; the plea of non-receipt of notice failed as no payment was made within 15 days of summons. The revisional court held it could not reappreciate evidence absent perversity and found no jurisdictional error or patent illegality in the conviction. Compensation equal to the cheque amount was held not excessive. Revision was dismissed - HC
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