Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
A bank receiving cheques for collection acts as the customer's agent and must exercise due diligence in presenting them within the validity period; once a temporary obstacle such as a strike ends, the cheques must be re-presented within a reasonable time. Failure to do so, resulting in stale cheques, amounts to negligence and deficiency in service under consumer law, and the concurrent finding of deficiency was upheld. On compensation, consumer redress must be fair and commensurate with the proved loss; because the downstream consequences of timely dishonour remained uncertain, token compensation was appropriate. The award was therefore reduced from 10 percent to 6 percent of the cheque amount, with interest also reduced to 6 percent per annum.
A bank receiving cheques for collection acts as the customer's agent and must exercise due diligence in presenting them within the validity period; once a temporary obstacle such as a strike ends, the cheques must be re-presented within a reasonable time. Failure to do so, resulting in stale cheques, amounts to negligence and deficiency in service under consumer law, and the concurrent finding of deficiency was upheld. On compensation, consumer redress must be fair and commensurate with the proved loss; because the downstream consequences of timely dishonour remained uncertain, token compensation was appropriate. The award was therefore reduced from 10 percent to 6 percent of the cheque amount, with interest also reduced to 6 percent per annum.
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