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...
RPA (Remote Pilot Aircraft) for military use defined to include drones/UAV/UAS; exemptions limited to specified defence imports with Joint Secretary c...
Transfer of going concern and transfer of input tax credit under GST allowed; exemption applies though interstate ledger transfers left to authorities...
Challenge to a property transaction on the ground of breach of statutory conditions under FERA and absence of requisite RBI approval could not be reopened in writ jurisdiction when the same issue had been framed and adjudicated in a civil suit and affirmed in first appeal. Once an appellate court under Section 96 CPC recorded clear findings, a writ court cannot re-examine the identical controversy; the proper course was to lead evidence in the trial and pursue statutory remedies against adverse findings. Recasting the dispute as a statutory violation did not avoid finality and was barred by constructive res judicata. The appeal was dismissed. - HC
Challenge to a property transaction on the ground of breach of statutory conditions under FERA and absence of requisite RBI approval could not be reopened in writ jurisdiction when the same issue had been framed and adjudicated in a civil suit and affirmed in first appeal. Once an appellate court under Section 96 CPC recorded clear findings, a writ court cannot re-examine the identical controversy; the proper course was to lead evidence in the trial and pursue statutory remedies against adverse findings. Recasting the dispute as a statutory violation did not avoid finality and was barred by constructive res judicata. The appeal was dismissed. - HC
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