Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
The Karnataka High Court addressed the issue of a Sub-Registrar refusing registration of a sale certificate due to pending Income Tax dues against the borrowers. The court held that the SARFAESI Act takes precedence over other statutory dues, including those of the Income Tax Department. Citing a Supreme Court case, it was established that the dues of secured creditors have priority over other dues. The Sub-Registrar's refusal based on Income Tax dues was deemed invalid as it exceeded the authority granted by the Registration Act and Rules. The court emphasized that Sub-Registrars must adhere strictly to the law and cannot refuse registration without valid reasons. It was recommended that the State issue necessary guidelines to prevent arbitrary refusals. The writ petition was allowed in favor of the petitioner.
The Karnataka High Court addressed the issue of a Sub-Registrar refusing registration of a sale certificate due to pending Income Tax dues against the borrowers. The court held that the SARFAESI Act takes precedence over other statutory dues, including those of the Income Tax Department. Citing a Supreme Court case, it was established that the dues of secured creditors have priority over other dues. The Sub-Registrar's refusal based on Income Tax dues was deemed invalid as it exceeded the authority granted by the Registration Act and Rules. The court emphasized that Sub-Registrars must adhere strictly to the law and cannot refuse registration without valid reasons. It was recommended that the State issue necessary guidelines to prevent arbitrary refusals. The writ petition was allowed in favor of the petitioner.
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