Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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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