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...
A purchaser sought to set aside the sale certificate and compel the liquidator to cooperate in identifying and demarcating mortgaged land. The tribunal held that land survey/demarcation is a statutory function requiring technical expertise and must be undertaken only by competent authorities under the Kerala Survey and Boundaries Act, 1961; the liquidator has no power to perform or substitute such adjudicatory exercise affecting civil rights. As the property had already been surveyed at the liquidator's request by the competent authority and the purchaser had not pursued statutory remedies or appeals for any further survey, no repeat survey was warranted. The appeal was dismissed. - NCLAT
A purchaser sought to set aside the sale certificate and compel the liquidator to cooperate in identifying and demarcating mortgaged land. The tribunal held that land survey/demarcation is a statutory function requiring technical expertise and must be undertaken only by competent authorities under the Kerala Survey and Boundaries Act, 1961; the liquidator has no power to perform or substitute such adjudicatory exercise affecting civil rights. As the property had already been surveyed at the liquidator's request by the competent authority and the purchaser had not pursued statutory remedies or appeals for any further survey, no repeat survey was warranted. The appeal was dismissed. - NCLAT
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