Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
The dominant issue was whether the complainant in a prosecution instituted on a private complaint could be treated as a "victim" under Section 2(wa) Cr.P.C. so as to maintain an appeal against acquittal under the proviso to Section 372 Cr.P.C. Relying on binding precedent, the Court held that such a complainant qualifies as a victim for this purpose; consequently, the leave-to-appeal application was to be treated as an appeal under Section 372 Cr.P.C. (corresponding Section 413 BNSS, 2023) and assigned to an appropriate appellate court for decision on merits expeditiously. -HC
The dominant issue was whether the complainant in a prosecution instituted on a private complaint could be treated as a "victim" under Section 2(wa) Cr.P.C. so as to maintain an appeal against acquittal under the proviso to Section 372 Cr.P.C. Relying on binding precedent, the Court held that such a complainant qualifies as a victim for this purpose; consequently, the leave-to-appeal application was to be treated as an appeal under Section 372 Cr.P.C. (corresponding Section 413 BNSS, 2023) and assigned to an appropriate appellate court for decision on merits expeditiously. -HC
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