Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
Broker trading-system "technical glitch" redefinition and narrowed incident-reporting regime for large IBT/STWT brokers requiring 2-hr notice and 14-w...
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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