Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
Refusal by the registering authority to register a sale deed arising from a SARFAESI e-auction on the ground of a subsequent attachment entry was held unlawful because such attachment/rapat is only an administrative note and does not adjudicate rights or override the secured creditor's prior statutory mortgage and charge. Relying on settled law that secured creditors have priority even over State "crown debts" and consistent precedent in similar auction-purchaser situations, the secured creditor's prior charge over State tax dues was affirmed, and the registering authority could not defeat the SARFAESI sale. The writ was allowed and costs were imposed on the State for unjustified delay. - HC
Refusal by the registering authority to register a sale deed arising from a SARFAESI e-auction on the ground of a subsequent attachment entry was held unlawful because such attachment/rapat is only an administrative note and does not adjudicate rights or override the secured creditor's prior statutory mortgage and charge. Relying on settled law that secured creditors have priority even over State "crown debts" and consistent precedent in similar auction-purchaser situations, the secured creditor's prior charge over State tax dues was affirmed, and the registering authority could not defeat the SARFAESI sale. The writ was allowed and costs were imposed on the State for unjustified delay. - HC
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4827 
Join Channel 
