Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
Reverse charge and assignment of royalty collection: exemption for excess royalty collectors subject to reconciliation; leaseholders remain liable und...
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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