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...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Presumption under the Negotiable Instruments Act that a cheque was issued for discharge of debt was drawn in favour of the holder on admission of signature, and the accused failed to rebut the rebuttable presumptions under sections 118 and 139 by only raising a probable defence on preponderance of probabilities; consequently the High Court set aside the magistrate's acquittal and convicted the accused for dishonour of cheque under section 138. The court held that filling of particulars in a signed blank cheque by a third party was immaterial, imposed a fine (with default imprisonment) and directed compensation to the complainant under criminal procedure.
Presumption under the Negotiable Instruments Act that a cheque was issued for discharge of debt was drawn in favour of the holder on admission of signature, and the accused failed to rebut the rebuttable presumptions under sections 118 and 139 by only raising a probable defence on preponderance of probabilities; consequently the High Court set aside the magistrate's acquittal and convicted the accused for dishonour of cheque under section 138. The court held that filling of particulars in a signed blank cheque by a third party was immaterial, imposed a fine (with default imprisonment) and directed compensation to the complainant under criminal procedure.
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