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...
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Where a cheque bears material alterations (amount/date), such change falls within Section 87 and will void the instrument as against a party who did not consent; if alterations were made by the drawer with intent to prevent payment, dishonour will attract liability under Section 138, but if made by the payee for undue benefit the criminal liability may not follow. Determination of who made the alteration is a question of fact for trial and cannot be decided at this stage; petitioner's challenge is therefore dismissed without prejudice to raising these factual/contention issues before the trial court. - HC
Where a cheque bears material alterations (amount/date), such change falls within Section 87 and will void the instrument as against a party who did not consent; if alterations were made by the drawer with intent to prevent payment, dishonour will attract liability under Section 138, but if made by the payee for undue benefit the criminal liability may not follow. Determination of who made the alteration is a question of fact for trial and cannot be decided at this stage; petitioner's challenge is therefore dismissed without prejudice to raising these factual/contention issues before the trial court. - HC
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