Money laundering property attachment and third-party encumbrance rights clarified; prior bona fide interests enforceable before confiscation, appeals ...
Profiteering in construction services for failure to pass input tax credit resulted in repayment exceeding the commensurate benefit and closure of pro...
A complaint under s.138 NI Act was held not maintainable because the statutory demand notice was issued about seven months after dishonour, beyond the 30-day mandate in s.138(b), so no valid cause of action arose. Independently, the complaint was treated as time-barred since cognizance of a delayed complaint under s.142(b) requires an application showing sufficient cause and an order condoning delay, which were absent, rendering cognizance illegal; the complaint was therefore liable to rejection. The defence that the cheque was a "security cheque" raised disputed facts and, in any event, a security cheque can mature into enforceable liability. Territorial jurisdiction was upheld as the payee's bank branch fell within jurisdiction. Petition allowed. - HC
A complaint under s.138 NI Act was held not maintainable because the statutory demand notice was issued about seven months after dishonour, beyond the 30-day mandate in s.138(b), so no valid cause of action arose. Independently, the complaint was treated as time-barred since cognizance of a delayed complaint under s.142(b) requires an application showing sufficient cause and an order condoning delay, which were absent, rendering cognizance illegal; the complaint was therefore liable to rejection. The defence that the cheque was a "security cheque" raised disputed facts and, in any event, a security cheque can mature into enforceable liability. Territorial jurisdiction was upheld as the payee's bank branch fell within jurisdiction. Petition allowed. - HC
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