Admissibility of inquiry statements and electronic printouts in customs adjudication requires witness examination and cross-examination before relianc...
Money laundering property attachment and third-party encumbrance rights clarified; prior bona fide interests enforceable before confiscation, appeals ...
Liability under Section 141 of the Negotiable Instruments Act cannot be fastened merely because a person is designated as a director; the complaint must contain specific averments showing how and in what manner the accused was in charge of and responsible for the company's business at the relevant time. General allegations that directors handled day-to-day affairs were insufficient where the accused was a non-executive independent director, was not a signatory to the dishonoured cheques, and no direct nexus with the transactions was pleaded. The summoning orders and criminal proceedings were quashed qua the petitioner.
Liability under Section 141 of the Negotiable Instruments Act cannot be fastened merely because a person is designated as a director; the complaint must contain specific averments showing how and in what manner the accused was in charge of and responsible for the company's business at the relevant time. General allegations that directors handled day-to-day affairs were insufficient where the accused was a non-executive independent director, was not a signatory to the dishonoured cheques, and no direct nexus with the transactions was pleaded. The summoning orders and criminal proceedings were quashed qua the petitioner.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4821 
Join Channel 
