Reasonable Cause for Late Return: penalty under section 271(1)(c) unsustainable where disclosure, audit filing and voluntary offer showed no concealme...
Proceeds of crime and property equivalent in value: failure to explain lawful source sustains attachment; lack of required notice can vitiate confirma...
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Writ jurisdiction under Articles 226 and 227 was held unavailable to seek early listing of a transfer application or restraint on a tribunal's adjudicating bench while proceedings were pending before the competent tribunal. The text states that constitution of a special Bench and vacation listing fell within the exclusive prerogative of the Tribunal President, and that such relief should be pursued before the tribunal itself. It also notes the availability of an alternative statutory remedy, the belated filing of the transfer application after participation in insolvency proceedings, and that pursuing substantially identical reliefs in multiple forums amounted to forum shopping and abuse of process, leading to dismissal with costs.
Writ jurisdiction under Articles 226 and 227 was held unavailable to seek early listing of a transfer application or restraint on a tribunal's adjudicating bench while proceedings were pending before the competent tribunal. The text states that constitution of a special Bench and vacation listing fell within the exclusive prerogative of the Tribunal President, and that such relief should be pursued before the tribunal itself. It also notes the availability of an alternative statutory remedy, the belated filing of the transfer application after participation in insolvency proceedings, and that pursuing substantially identical reliefs in multiple forums amounted to forum shopping and abuse of process, leading to dismissal with costs.
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