Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
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...
The High Court or Sessions Court should be reluctant to grant an interim stay on the operation of an order granting bail pending disposal of the cancellation application u/s 439(2) of CrPC/Section 483(2) of BNSS. Granting a stay amounts to curtailing the undertrial's liberty restored through bail. An interim stay should only be granted in rare, exceptional cases where the situation demands it. An ex parte stay on a bail order should not be granted as a standard rule. Liberty granted under a bail order cannot be lightly interfered with by mechanically granting an ex parte stay. Courts must be sensitive to the fundamental right to liberty under Article 21. If bail is not misused, a stay should not be granted merely because cancellation is sought.
The High Court or Sessions Court should be reluctant to grant an interim stay on the operation of an order granting bail pending disposal of the cancellation application u/s 439(2) of CrPC/Section 483(2) of BNSS. Granting a stay amounts to curtailing the undertrial's liberty restored through bail. An interim stay should only be granted in rare, exceptional cases where the situation demands it. An ex parte stay on a bail order should not be granted as a standard rule. Liberty granted under a bail order cannot be lightly interfered with by mechanically granting an ex parte stay. Courts must be sensitive to the fundamental right to liberty under Article 21. If bail is not misused, a stay should not be granted merely because cancellation is sought.
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