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...
The dominant issue was whether the police could direct a bank to freeze a person's account during investigation without obtaining a competent court's order under the applicable criminal procedure provisions. The court held that mere police instructions to the bank were insufficient, particularly when no order under the relevant statutory provisions was produced and the investigating agency made no subsequent communication justifying the freeze. Relying on precedent that debit-freezing is impermissible without judicial authorization, the court found the impugned freezing action illegal. Consequently, the bank was directed to defreeze the account and permit its operation, and the petition was disposed of. - HC
The dominant issue was whether the police could direct a bank to freeze a person's account during investigation without obtaining a competent court's order under the applicable criminal procedure provisions. The court held that mere police instructions to the bank were insufficient, particularly when no order under the relevant statutory provisions was produced and the investigating agency made no subsequent communication justifying the freeze. Relying on precedent that debit-freezing is impermissible without judicial authorization, the court found the impugned freezing action illegal. Consequently, the bank was directed to defreeze the account and permit its operation, and the petition was disposed of. - HC
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