Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
A writ petition may be entertained against a show-cause notice where the challenge concerns jurisdiction and discloses a prima facie case, despite pending statutory proceedings. The authority is not prevented from considering and deciding the notice; however, the affected parties must participate in the proceedings, while enforcement of any resulting decision may be restrained pending disposal of the writ petition or further orders. The court does not determine the merits of the underlying jurisdictional objection at this stage, including the scope of the relevant notification or the authority to issue the notice under Section 73. The arrangement preserves participation in adjudication while providing interim protection against enforcement.
A writ petition may be entertained against a show-cause notice where the challenge concerns jurisdiction and discloses a prima facie case, despite pending statutory proceedings. The authority is not prevented from considering and deciding the notice; however, the affected parties must participate in the proceedings, while enforcement of any resulting decision may be restrained pending disposal of the writ petition or further orders. The court does not determine the merits of the underlying jurisdictional objection at this stage, including the scope of the relevant notification or the authority to issue the notice under Section 73. The arrangement preserves participation in adjudication while providing interim protection against enforcement.
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