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...
In an appeal by a convicted director/authorised signatory under Section 138 read with Section 141 of the NI Act where the company could not be proceeded against due to a legal impediment, the Court examined whether an appellate deposit under Section 148 can be directed against such individual. It held that the appellate court must not impose the 20% deposit mechanically and must consider exceptional circumstances, including that the appellant may not be the "drawer"; accordingly, the condition directing deposit was quashed and suspension of sentence was restored on bond. However, noting conflicting interpretations on whether Section 148 is confined to the juristic drawer in all such scenarios, the question was referred for decision by a Larger Bench. - SC
In an appeal by a convicted director/authorised signatory under Section 138 read with Section 141 of the NI Act where the company could not be proceeded against due to a legal impediment, the Court examined whether an appellate deposit under Section 148 can be directed against such individual. It held that the appellate court must not impose the 20% deposit mechanically and must consider exceptional circumstances, including that the appellant may not be the "drawer"; accordingly, the condition directing deposit was quashed and suspension of sentence was restored on bond. However, noting conflicting interpretations on whether Section 148 is confined to the juristic drawer in all such scenarios, the question was referred for decision by a Larger Bench. - SC
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