HC dismissed a petition seeking interim compensation u/s 143A of ...

Court held that interim compensation under Section 143A of NI Act is discretionary. No proof of payment or written agreement in this case. Petition dismissed.

Case Laws Indian Laws

June 18, 2024

HC dismissed a petition seeking interim compensation u/s 143A of the NI Act for dishonour of cheque. Court clarified that the power to order interim compensation is discretionary and not a right. Petitioner alleged payment of Rs.20 lacs to respondent without lawful consideration, lacking proof or written agreement. Court held that discretion under u/s 143A can be interfered with only if found perverse or unreasonable. Not sitting as Court of Appeal against Trial Court's order. Petition dismissed for lack of merit.

View Source

← Previous Next →

HC dismissed a petition seeking interim compensation u/s 143A of ...

Court held that interim compensation under Section 143A of NI Act is discretionary. No proof of payment or written agreement in this case. Petition dismissed.

Case Laws Indian Laws

June 18, 2024

You may also like:

The dispute revolves around the non-payment of outstanding dues by the Corporate Debtor to the Appellant, pursuant to an agreement for providing e-Auction solutions. The...

Waiver of tax imposed for entertaining the appeal - non-production of proof of payment of pre-deposit - as per the provision of Section 73(4) of the GVAT Act no appeal...

Capital gain - Denial of benefit of 1st proviso to section 50C(1) which allows the consideration value fixed in the agreement to be considered instead of the stamp...

Addition on account of estimation of net taxable profit earned on the total 'on money' - difference in the sale price - The statement of purchaser cannot alone prove...

TDS - when hiring of trucks and payment thereof was not in consequence upon any written or oral agreement, the natural outcome is that the provisions of section 194C,...

Recovery of premium dues, interest, default interest, penal interest, interest overdue etc. - priority of charges - The tribunal analyzes the relevant clauses of the...

TDS u/s 195 - use of logo - license fee payment without deducting TDS SUPIMA, USA - Agreement clearly shows that the payment is made by the assessee to use the Logo of...

SSI exemption - use of Brand name which was assigned vide oral contract - even in the absence of written agreement the submission of the owner of the brand name is...

Refund claim - in terms of Notification No.41/2007-ST - Conditions regarding existence of written agreement and accreditation of service provider in respect of cleaning...

Double taxation agreement - Agreement with foreign countries or specified territories - Notified 'Specified Territory' - Notification

Bad debts - Writing off of Loan to farmers - The treatment of the write-offs of such loans would then have to be viewed probably as bad debts, though this may not be...

Addition u/s 41(1) - benefit by way of remission or cessation of liability - In the instant case, the first mentioned person is the assessee, but not the creditor. In...

Bad debts - Allowability towards service tax which was written off as bad debt u/s. 36(1)(vii) - Since service tax payment recovery is denied by the DIP, the assessee...

Disallowance of bad debts u/s 36(1) - The non-realisation of debt can result in bad debt written off if the same is written off in the books. Since it is not the case...

Reversal of CENVAT credit - inputs written off and written back in the books of account - the adjudicating authority must re-quantify the actual credit to be reversed on...

Quick Updates: