International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
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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