Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Rebuttable presumption of cheque issuance under negotiable instruments law was applied to infer existence of a legally recoverable debt after the cheque was presented twice and dishonoured for want of funds; complainant's demand and silence to legal notice undermined accused's defence that goods were undelivered, which the additional evidence did not establish, so conviction and sentence were sustained. Appellate discretion to admit additional evidence and to decide conviction under criminal procedure was not faulted. However, the High Court set aside the Rs.5,000 state cost imposed because the dispute was between private parties; revision allowed in part.
Rebuttable presumption of cheque issuance under negotiable instruments law was applied to infer existence of a legally recoverable debt after the cheque was presented twice and dishonoured for want of funds; complainant's demand and silence to legal notice undermined accused's defence that goods were undelivered, which the additional evidence did not establish, so conviction and sentence were sustained. Appellate discretion to admit additional evidence and to decide conviction under criminal procedure was not faulted. However, the High Court set aside the Rs.5,000 state cost imposed because the dispute was between private parties; revision allowed in part.
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