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...
Initial defect in authorization to prosecute under the Negotiable Instruments regime is a curable defect; a company acts through natural persons and a complaint stating prima facie that an authorised employee represents the company and has knowledge is sufficient for cognizance. Where authorization is disputed on serious factual grounds the accused may raise the issue at trial and the Magistrate should not dismiss at threshold; invocation of inherent jurisdiction to quash such cognizance is unjustified. Subsequent ratification or board resolution may validate the complaint and additional evidence to that effect was rightly permitted.
Initial defect in authorization to prosecute under the Negotiable Instruments regime is a curable defect; a company acts through natural persons and a complaint stating prima facie that an authorised employee represents the company and has knowledge is sufficient for cognizance. Where authorization is disputed on serious factual grounds the accused may raise the issue at trial and the Magistrate should not dismiss at threshold; invocation of inherent jurisdiction to quash such cognizance is unjustified. Subsequent ratification or board resolution may validate the complaint and additional evidence to that effect was rightly permitted.
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