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...
In a writ challenging actions under PMLA, the petitioner sought to amend the main prayer to add a declaration that Sections 50 and 63 are unconstitutional. The court held that the vires of these provisions already stands upheld by the SC, and the petitioner's plea that the SC ruling is per incuriam could not be entertained in this proceeding; further, since writ proceedings are not governed by CPC procedure, the court declined to permit an amendment introducing a relief it could not consider. Accordingly, the proposed additional relief was rejected, while all other amendments were allowed - HC
In a writ challenging actions under PMLA, the petitioner sought to amend the main prayer to add a declaration that Sections 50 and 63 are unconstitutional. The court held that the vires of these provisions already stands upheld by the SC, and the petitioner's plea that the SC ruling is per incuriam could not be entertained in this proceeding; further, since writ proceedings are not governed by CPC procedure, the court declined to permit an amendment introducing a relief it could not consider. Accordingly, the proposed additional relief was rejected, while all other amendments were allowed - HC
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