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...
After issuance of process in a complaint under s. 138 NI Act, the Magistrate has no jurisdiction to discharge the accused by reconsidering maintainability, since the stage of dismissal under s. 203 CrPC stands concluded and the case must proceed under the Chapter XX CrPC procedure to its logical end; accordingly, the discharge order was set aside and the proceeding restored. The question whether the complaint is maintainable, including any objection about non-impleadment of the company, was left open to be decided by the trial court at final hearing. - HC
After issuance of process in a complaint under s. 138 NI Act, the Magistrate has no jurisdiction to discharge the accused by reconsidering maintainability, since the stage of dismissal under s. 203 CrPC stands concluded and the case must proceed under the Chapter XX CrPC procedure to its logical end; accordingly, the discharge order was set aside and the proceeding restored. The question whether the complaint is maintainable, including any objection about non-impleadment of the company, was left open to be decided by the trial court at final hearing. - HC
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