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...
Dishonour complaints under s.138 NI Act were examined where the corporate debtor's CIRP had commenced and a liquidator had taken charge before cheque presentation, resulting in return remarks "ACCOUNT BLOCKED." Since the directors were divested of control over bank accounts upon moratorium and insolvency administration, vicarious liability for post-moratorium dishonour could not be fastened on them; the summoning orders were quashed. Independently, "account blocked" due to statutory insolvency restraints is not dishonour "for insufficiency of funds," so the essential ingredient of s.138 was not established; the complaints and all consequential proceedings were quashed. - HC
Dishonour complaints under s.138 NI Act were examined where the corporate debtor's CIRP had commenced and a liquidator had taken charge before cheque presentation, resulting in return remarks "ACCOUNT BLOCKED." Since the directors were divested of control over bank accounts upon moratorium and insolvency administration, vicarious liability for post-moratorium dishonour could not be fastened on them; the summoning orders were quashed. Independently, "account blocked" due to statutory insolvency restraints is not dishonour "for insufficiency of funds," so the essential ingredient of s.138 was not established; the complaints and all consequential proceedings were quashed. - HC
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