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Finance judiciary-2

Sec 138 NI Act- Salutation Like Mr./M/s. while Drawing Cheque are Irrelevant

N. Raveendran Vs Shajahan (Kerala High Court)

N. Raveendran Vs Shajahan (Kerala High Court) The absence of salutation Like Mr./M/s. while drawing the cheque by accused cannot be a ground for the accused to be acquitted from proceedings under Section 138 of the Negotiable Instruments Act. FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT This appeal arises out of the judgment [&hel...

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Sec 138 NI Act- Complainant to prove the existence of a debt

V.P. Zacharia Vs State of Kerala (Kerala High Court)

V.P. Zacharia Vs State of Kerala (Kerala High Court) his is a case where the 2nd respondent/accused has been successful in rebutting the statutory presumption under Section 139 of the Negotiable Instruments Act. The fact that there was an earlier transaction in the year 1995 and that liability had been settled by repayment is a […]...

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No anticipatory bail to economic offenders with huge proceed of crime

Pankaj Grover Vs Directorate Of Enforcement (Allahabad High Court)

Anticipatory bail was denied to the sleeping Director who was accused in the National Rural Health Mission Scheme Scam as in socio-economic offences proceed of crimes were larger and further, offenders were economically sound, therefore, in releasing them on bail/anticipatory bail probability of abscondance not within country but beyond c...

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COFEPOSA: HC sets aside detention order against Gold Smuggling accused

Mohd. Nashruddin Vs Union of India (Delhi High Court)

Mohd. Nashruddin Vs Union of India (Delhi High Court) 1. The present petition under Article 226 of the Constitution of India, essentially in the nature of writ of habeas corpus, has been instituted on behalf of Mohammed Nashruddin Khan (hereinafter referred to as the ‘detenu’), praying for quashing of detention order bearing No. PD-12...

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Section 138 NI Act- HC Explains Non-MICR Cheque Bouncing & Notice Under Certificate of Posting

Md. Nasim Ansari son of Late Md. Muslim Vs The State of Jharkhand (Jharkhand High Court)

Md. Nasim Ansari son of Late Md. Muslim Vs The State of Jharkhand (Jharkhand High Court) Heard Mrs. Ritu Kumar, learned counsel for the petitioner. 2. Heard Mrs. Vandana Bharti, learned A.P.P. appearing on behalf of the opposite party- State. 3. Heard Mr. Ashok Kr. Sinha, learned counsel appearing on behalf of the opposite party […...

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MF Trustees must get unit-holders’ consent before winding up a scheme: SC

Franklin Templeton Trustee Services Private Limited and Another Vs Amruta Garg and Others (Supreme Court of India)

Franklin Templeton Trustee Services Private Limited and Another Vs Amruta Garg and Others (Supreme Court of India) Prior-consent from the unitholders if necessary even when the trustees ‘decide to wind up’ a scheme under Regulation 39(2)(a), would inevitably delay the publication of public notices as envisaged by Regulation 39(3). The...

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Citizen cannot be penalised for a discrepancy in FCRA forms

Arbor Charitable Foundation Vs Union of India (Delhi High Court)

The citizen cannot be penalised for a discrepancy in the form prescribed by the respondent which has resulted in the form being unable to be submitted even in the case of a law abiding citizen....

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PMLA: Provisional Attachment quashed as No direct Nexus established between properties forfeited & Income

HDFC Bank Limited Vs Government of India (Patna High Court)

HDFC Bank Limited Vs Government of India (Patna High Court) In the case on hand what is noticeable that the statutory authority under Section 5 of the P.M.L.A., 2002 has not acted in accordance with the provisions of the enactment in question rather acted in defiance of the fundamental principles of judicial procedure and in […]...

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Provisional attachment order was not a final order & subjected to judicial review

Abhay Nigam and Others Vs Union of India and Others (Madhya Pradesh High Court)

The order of provisional attachment was not a final order and assessee had a remedy to raise all the pleas including that of jurisdiction of attaching authority and discrimination before the Adjudicating Authority and in the event these points were raised by assessee before the adjudicating authority, the authority should pass appropriate...

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HC allows Chinese Lady accused of Smuggling Foreign Currency to Travel Abroad

Chen Hsui Yun Vs Directorate of Revenue Intelligence (Delhi High Court)

Chen Hsui Yun Vs Directorate of Revenue Intelligence (Delhi High Court) In the instant case, according to the respondent, amount of USD 90000 was recovered from the petitioner which was around Rs.65,00,000/- in Indian currency. The petitioner in the instant case is a lady, aged about 54 years, and there is nothing on record to […]...

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