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...
Reverse charge and assignment of royalty collection: exemption for excess royalty collectors subject to reconciliation; leaseholders remain liable und...
In prosecution for cheque dishonour, the dominant issue was whether the cheques were issued towards a legally enforceable debt on the date of issuance/presentation. The court held that the accused probabilised a defence that the cheques were blank security instruments taken from guarantors in a third-party loan transaction, supported by defence testimony, prior police complaint alleging threats/misuse, absence of any reflected loan transaction in tax records, and improbability of voluntary re-presentation amid strained relations, while the complainant, an unregistered financier, failed to adduce independent rebuttal evidence or even specify the date of issuance. Consequently, conviction was set aside, accused were acquitted, and deposits were directed to be refunded. - HC
In prosecution for cheque dishonour, the dominant issue was whether the cheques were issued towards a legally enforceable debt on the date of issuance/presentation. The court held that the accused probabilised a defence that the cheques were blank security instruments taken from guarantors in a third-party loan transaction, supported by defence testimony, prior police complaint alleging threats/misuse, absence of any reflected loan transaction in tax records, and improbability of voluntary re-presentation amid strained relations, while the complainant, an unregistered financier, failed to adduce independent rebuttal evidence or even specify the date of issuance. Consequently, conviction was set aside, accused were acquitted, and deposits were directed to be refunded. - HC
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