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...
Liability of directors for offences under the Negotiable Instruments Act turns on demonstrable participation in company affairs; documentary indicia such as Form 32, cheque signatory status, and co-signature on balance sheets can support summoning. One director was correctly summoned because records show active involvement; her non-involvement is a defence to be contested at trial. By contrast, resignation properly recorded in Form 32 and board minutes, supported by independent evidence establishing resignation before the cause of action, removes a director from company involvement and warranted quashing of the summoning and discharge in his favour.
Liability of directors for offences under the Negotiable Instruments Act turns on demonstrable participation in company affairs; documentary indicia such as Form 32, cheque signatory status, and co-signature on balance sheets can support summoning. One director was correctly summoned because records show active involvement; her non-involvement is a defence to be contested at trial. By contrast, resignation properly recorded in Form 32 and board minutes, supported by independent evidence establishing resignation before the cause of action, removes a director from company involvement and warranted quashing of the summoning and discharge in his favour.
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