Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
A security cheque was held unenforceable under the Negotiable Instruments Act because the complainant failed to prove a legally enforceable debt or liability on the date of presentation. The Court noted inconsistent versions about how the cheque came into the complainant's possession, non-examination of the intermediary witness, and no crystallised liability arising from contractual disputes at that stage. In an appeal against acquittal, the Court applied the settled rule that interference is justified only when the acquittal is palpably wrong or legally unsustainable. As the trial court's view was a possible and sound one, the strengthened presumption of innocence was not displaced and the acquittal was affirmed.
A security cheque was held unenforceable under the Negotiable Instruments Act because the complainant failed to prove a legally enforceable debt or liability on the date of presentation. The Court noted inconsistent versions about how the cheque came into the complainant's possession, non-examination of the intermediary witness, and no crystallised liability arising from contractual disputes at that stage. In an appeal against acquittal, the Court applied the settled rule that interference is justified only when the acquittal is palpably wrong or legally unsustainable. As the trial court's view was a possible and sound one, the strengthened presumption of innocence was not displaced and the acquittal was affirmed.
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