Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Appointment of a Provisional Liquidator does not dissolve the company, but it displaces the board and renders directors functus officio, with control over assets and bank accounts shifting to the liquidator. In that setting, a director no longer has the legal or practical ability to operate the company's account or ensure compliance with a statutory demand under Section 138 of the Negotiable Instruments Act. Because the Provisional Liquidator had been appointed before dishonour of the cheques and before issuance of the notice, the accused did not satisfy the essential ingredients of the offence. The complaint against him was therefore held not maintainable and the proceedings were quashed insofar as they related to him.
Appointment of a Provisional Liquidator does not dissolve the company, but it displaces the board and renders directors functus officio, with control over assets and bank accounts shifting to the liquidator. In that setting, a director no longer has the legal or practical ability to operate the company's account or ensure compliance with a statutory demand under Section 138 of the Negotiable Instruments Act. Because the Provisional Liquidator had been appointed before dishonour of the cheques and before issuance of the notice, the accused did not satisfy the essential ingredients of the offence. The complaint against him was therefore held not maintainable and the proceedings were quashed insofar as they related to him.
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