Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Pre-trial bail granted where custodial period, documentary prosecution, and magistrate-triable offence favor release subject to surety and no witness ...
Allowability of Salary Exemptions: Form 16 entries can substantiate HRA and other salary exemptions, and home loan interest is deductible for a self-o...
Dishonour of a cheque returned with the endorsement "Insufficient Funds" attracts the statutory presumptions and shifts the onus to the drawer to rebut that insufficiency; where return reasons allege invalidity or presentation after validity period due to merger/acquisition of the drawee bank, court may examine compliance with the proviso to Section 138 and attendant facts before quashing. Blank signed cheque filled by payee still draws the presumption of genuineness. When return remarks show only insufficiency, factual adjudication at trial is required; accordingly the applications to quash the Section 138 complaints were dismissed.
Dishonour of a cheque returned with the endorsement "Insufficient Funds" attracts the statutory presumptions and shifts the onus to the drawer to rebut that insufficiency; where return reasons allege invalidity or presentation after validity period due to merger/acquisition of the drawee bank, court may examine compliance with the proviso to Section 138 and attendant facts before quashing. Blank signed cheque filled by payee still draws the presumption of genuineness. When return remarks show only insufficiency, factual adjudication at trial is required; accordingly the applications to quash the Section 138 complaints were dismissed.
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