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...
Complaint under the Negotiable Instruments Act failed to establish a legally enforceable debt because mandatory corporate records, a board resolution, contemporaneous calculations or audited entries proving the claimed brokerage were absent; unsigned and belated letters bore indicia of fabrication and thus the pleaded material did not identify how any amount became payable, rendering the proceeding an abuse of process. Consequently the statutory presumption envisaged for negotiable instruments did not arise where the primary onus to set out particulars was not discharged, and no evidence converted company liabilities into the director's personal liability; the complaint was quashed.
Complaint under the Negotiable Instruments Act failed to establish a legally enforceable debt because mandatory corporate records, a board resolution, contemporaneous calculations or audited entries proving the claimed brokerage were absent; unsigned and belated letters bore indicia of fabrication and thus the pleaded material did not identify how any amount became payable, rendering the proceeding an abuse of process. Consequently the statutory presumption envisaged for negotiable instruments did not arise where the primary onus to set out particulars was not discharged, and no evidence converted company liabilities into the director's personal liability; the complaint was quashed.
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