Educational approval requires mandatory State registration, but incidental surplus and trustee-owned land do not prove private benefit or profit motiv...
Judicial review of settlement orders cannot reopen settled customs notices, while statutory interest remains subject to verification and quantificatio...
Customs Broker licence lending for consideration justified revocation where exporter authorisation and client verification obligations were also breac...
Fraudulent import documents suspend limitation protection, while redemption of confiscated goods requires duty and interest despite bona fide purchase...
ODR arbitration participation remains mandatory after failed conciliation, while jurisdictional and maintainability objections stay available before t...
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Authorization to the SFIO Director to present attachment and disgorgement proceedings in the Union of India's name does not constitute delegation of statutory power where the Central Government has already considered the investigation report, decided to institute proceedings, and retains essential decision-making discretion. The application was therefore validly instituted through an authorised officer. Disgorgement and asset-freezing relief for oppression, mismanagement and fraudulent conduct are not confined to Section 212(14A); they may also be pursued under the statutory framework governing such conduct. The challenge to SFIO's authority and the claim that Section 212(14A) was the exclusive source of disgorgement power were rejected, and the appeals were dismissed.
Authorization to the SFIO Director to present attachment and disgorgement proceedings in the Union of India's name does not constitute delegation of statutory power where the Central Government has already considered the investigation report, decided to institute proceedings, and retains essential decision-making discretion. The application was therefore validly instituted through an authorised officer. Disgorgement and asset-freezing relief for oppression, mismanagement and fraudulent conduct are not confined to Section 212(14A); they may also be pursued under the statutory framework governing such conduct. The challenge to SFIO's authority and the claim that Section 212(14A) was the exclusive source of disgorgement power were rejected, and the appeals were dismissed.
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