Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
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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