Functional comparability governs selection of support-service and IT-enabled service comparables, with verification required for unresolved data and m...
Bank account freezing requires statutory authority; anti-money-laundering compliance and KYC monitoring do not permit unilateral indefinite restrictio...
A cheque originally issued as security can support a Section 138 prosecution if a legally enforceable liability exists on the date of presentation; once execution of a signed cheque is admitted, the presumptions under Sections 118 and 139 operate for the payee, and the drawer must rebut them at trial. On the pleadings, emails and repayment discussions prima facie indicated a subsisting liability, so the security-cheque defence did not justify quashing. For company liability, specific averments that directors were in charge of and responsible for the business are sufficient at the threshold; a managing director and cheque signatory may be proceeded against, while the non-signatory director was not immune where adequate allegations were made. The complaint was allowed to proceed.
A cheque originally issued as security can support a Section 138 prosecution if a legally enforceable liability exists on the date of presentation; once execution of a signed cheque is admitted, the presumptions under Sections 118 and 139 operate for the payee, and the drawer must rebut them at trial. On the pleadings, emails and repayment discussions prima facie indicated a subsisting liability, so the security-cheque defence did not justify quashing. For company liability, specific averments that directors were in charge of and responsible for the business are sufficient at the threshold; a managing director and cheque signatory may be proceeded against, while the non-signatory director was not immune where adequate allegations were made. The complaint was allowed to proceed.
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