Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
For vicarious liability of a director under Section 141 of the Negotiable Instruments Act, the complaint must specifically aver that the person was in charge of and responsible for the company's conduct of business at the relevant time; mere designation as director, or signing board resolutions alone, is insufficient. On that basis, the summoning order and consequential proceedings against the appellant were quashed. The Court also clarified that a prior revision does not, by itself, bar the High Court's inherent jurisdiction under Section 482 CrPC, which remains available to prevent miscarriage of justice. The High Court's view that Section 482 could not be invoked after revision was held legally erroneous.
For vicarious liability of a director under Section 141 of the Negotiable Instruments Act, the complaint must specifically aver that the person was in charge of and responsible for the company's conduct of business at the relevant time; mere designation as director, or signing board resolutions alone, is insufficient. On that basis, the summoning order and consequential proceedings against the appellant were quashed. The Court also clarified that a prior revision does not, by itself, bar the High Court's inherent jurisdiction under Section 482 CrPC, which remains available to prevent miscarriage of justice. The High Court's view that Section 482 could not be invoked after revision was held legally erroneous.
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