Customs valuation and import permissibility conflict resolved: accepted enhancement of transaction value removes liability for confiscation and penalt...
Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
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Complaint under Sections 138 and 141 of the Negotiable Instruments Act was held not maintainable where the cheque was issued on behalf of a company but the company itself was not arrayed as an accused. Applying the principle that vicarious liability of directors or authorised signatories arises only when the principal offender, namely the drawer company, is before the court, the court held that arraignment of the company is a mandatory condition precedent. On that basis, the complaints and summoning orders against the petitioner alone were set aside, with liberty to pursue any remedy available in law.
Complaint under Sections 138 and 141 of the Negotiable Instruments Act was held not maintainable where the cheque was issued on behalf of a company but the company itself was not arrayed as an accused. Applying the principle that vicarious liability of directors or authorised signatories arises only when the principal offender, namely the drawer company, is before the court, the court held that arraignment of the company is a mandatory condition precedent. On that basis, the complaints and summoning orders against the petitioner alone were set aside, with liberty to pursue any remedy available in law.
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