https://www.taxtmi.com/caselaws?id=105041 In proceedings for alleged non-payment of dividend, the Companies Act scheme required the company to pay declared dividend within 42 days by cash, cheque or warrant, or to avoid liability by proving lawful despatch or transfer of unpaid amounts to the special unpaid dividend account. The complainant could prove declaration and entitlement, but non-receipt remained a negative fact and could not be proved by compelled production of extraneous bank records. Documents from a particular bank branch and the bank manager's evidence were therefore not relevant to the complainant's burden or to the prosecution issue, and the summoning order was held unsustainable. en-us Tue, 07 Dec 1999 00:00:00 +0530 Fri, 02 Mar 2012 12:41:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=105041 In proceedings for alleged non-payment of dividend, the Companies Act scheme required the company to pay declared dividend within 42 days by cash, cheque or warrant, or to avoid liability by proving lawful despatch or transfer of unpaid amounts to the special unpaid dividend account. The complainant could prove declaration and entitlement, but non-receipt remained a negative fact and could not be proved by compelled production of extraneous bank records. Documents from a particular bank branch and the bank manager's evidence were therefore not relevant to the complainant's burden or to the prosecution issue, and the summoning order was held unsustainable. Case-Laws Companies Law Tue, 07 Dec 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=105041