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...
Prior sanction under s.197 CrPC was held inapplicable at the cognizance stage for alleged money-laundering where the impugned acts-unauthorised sanctioning of development funds and accumulation of illicit wealth-were prima facie personal illegal acts lacking reasonable nexus with official duty, since siphoning public funds cannot form part of lawful official functions. The court further held that even where sanction is required, the issue may be raised before the trial court at any stage and sanction can be obtained any time before judgment; therefore, absence of sanction at cognizance does not, by itself, invalidate the cognizance order. The writ petition challenging cognizance was dismissed - HC
Prior sanction under s.197 CrPC was held inapplicable at the cognizance stage for alleged money-laundering where the impugned acts-unauthorised sanctioning of development funds and accumulation of illicit wealth-were prima facie personal illegal acts lacking reasonable nexus with official duty, since siphoning public funds cannot form part of lawful official functions. The court further held that even where sanction is required, the issue may be raised before the trial court at any stage and sanction can be obtained any time before judgment; therefore, absence of sanction at cognizance does not, by itself, invalidate the cognizance order. The writ petition challenging cognizance was dismissed - HC
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