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...
The dominant issue was whether part of the cause of action arose within the territorial jurisdiction of the Court to entertain a writ challenging anti-dumping final findings on grounds of violation of natural justice and arbitrariness. Applying the test that only facts having a direct nexus with the lis constitute cause of action, the Court held that alleged adverse business impact or commercial engagements within the State were not integral to establishing the asserted infringement of fair procedure under Article 14, and the challenge would survive even if those averments were removed. Consequently, no part of the cause of action arose within its territory, and the writ was not maintainable; the petition was dismissed without examining merits or alternative remedy. - HC
The dominant issue was whether part of the cause of action arose within the territorial jurisdiction of the Court to entertain a writ challenging anti-dumping final findings on grounds of violation of natural justice and arbitrariness. Applying the test that only facts having a direct nexus with the lis constitute cause of action, the Court held that alleged adverse business impact or commercial engagements within the State were not integral to establishing the asserted infringement of fair procedure under Article 14, and the challenge would survive even if those averments were removed. Consequently, no part of the cause of action arose within its territory, and the writ was not maintainable; the petition was dismissed without examining merits or alternative remedy. - HC
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