Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
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Secured creditors' statutory priority in realising dues from secured assets prevails over State tax claims, including claims supported by a State-law first charge or non obstante clause. A State relying on a prior attachment must establish compliance with the prescribed recovery procedure, including public proclamation; an attachment order alone does not sustain the claim. Following enforcement of security interest and completion of a SARFAESI auction, purchasers holding sale certificates may enjoy the property free of State tax encumbrances. "As is where is" auction terms do not permit retention of revenue-record encumbrance entries or pursuit of the asset in the purchaser's hands for State dues.
Secured creditors' statutory priority in realising dues from secured assets prevails over State tax claims, including claims supported by a State-law first charge or non obstante clause. A State relying on a prior attachment must establish compliance with the prescribed recovery procedure, including public proclamation; an attachment order alone does not sustain the claim. Following enforcement of security interest and completion of a SARFAESI auction, purchasers holding sale certificates may enjoy the property free of State tax encumbrances. "As is where is" auction terms do not permit retention of revenue-record encumbrance entries or pursuit of the asset in the purchaser's hands for State dues.
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