Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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In prosecutions for cheque dishonour under s.138 NI Act, the Court held that transfer of proceedings under s.446 BNSS should be assessed primarily on comparative convenience and hardship to the parties and witnesses, since the offence is quasi-criminal, essentially individual-centric and compoundable, and does not implicate broader societal interests. Where the complainant bank sought to create territorial jurisdiction by presenting cheques at a distant branch, that convenience could not outweigh undue prejudice to the accused, especially given the bank's nationwide presence, the transaction and witnesses being centered elsewhere, and related proceedings pending before DRT/HC. The cases were directed to be tried at Hyderabad (CMM) and the issue was referred for consideration by a larger bench. - SC
In prosecutions for cheque dishonour under s.138 NI Act, the Court held that transfer of proceedings under s.446 BNSS should be assessed primarily on comparative convenience and hardship to the parties and witnesses, since the offence is quasi-criminal, essentially individual-centric and compoundable, and does not implicate broader societal interests. Where the complainant bank sought to create territorial jurisdiction by presenting cheques at a distant branch, that convenience could not outweigh undue prejudice to the accused, especially given the bank's nationwide presence, the transaction and witnesses being centered elsewhere, and related proceedings pending before DRT/HC. The cases were directed to be tried at Hyderabad (CMM) and the issue was referred for consideration by a larger bench. - SC
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