Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
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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