
Case Law Analysis
|Gujarat High Court
Presumption of Debt Not Personal Liability for Trustees Under Section 138 NI Act | Trust Claims Must Target Trust Itself : Gujarat HC
Gujarat HC ruled that the Section 138 NI Act’s presumption of debt does not create personal liability for a trustee unless the debt is proven enforceable against him. Claims against a trust must be pursued against the trust itself, shielding trustees from direct prosecution.