Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Competing mortgage priorities in liquidation fall within the Adjudicating Authority's jurisdiction where determining encumbrances and liquidation-estate assets is necessary for custody, verification and realisation. Earlier second pari-passu charges moved into priority after discharge of the first mortgage; a later independent simple mortgage remained subordinate under the chronological priority rule, and assignees obtained no better rights than their assignor. Non-registration did not create or defeat the underlying charge as between parties and persons with notice. Failure to elect timely realisation of subordinate security outside liquidation caused the security interest to be treated as part of the liquidation estate, supporting dismissal of the assignee's claim and delivery of title deeds to the Liquidator.
Competing mortgage priorities in liquidation fall within the Adjudicating Authority's jurisdiction where determining encumbrances and liquidation-estate assets is necessary for custody, verification and realisation. Earlier second pari-passu charges moved into priority after discharge of the first mortgage; a later independent simple mortgage remained subordinate under the chronological priority rule, and assignees obtained no better rights than their assignor. Non-registration did not create or defeat the underlying charge as between parties and persons with notice. Failure to elect timely realisation of subordinate security outside liquidation caused the security interest to be treated as part of the liquidation estate, supporting dismissal of the assignee's claim and delivery of title deeds to the Liquidator.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4819 
Join Channel 
