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...
Where an authority directed a stakeholder to remit CIRP costs within a stipulated time and file a compliance memo, and that foundational order was neither challenged nor stayed, its directions attained finality and were mandatorily enforceable. An ensuing order merely compelling compliance and warning of initiation of contempt proceedings for continued default was held to be a natural consequence of disobedience and not amenable to interference, particularly as no contempt finding or punishment had yet been imposed. As the liability to pay CIRP costs had already been conclusively determined in the unchallenged prior order, the appeal against the compliance-enforcement order was dismissed. - NCLAT
Where an authority directed a stakeholder to remit CIRP costs within a stipulated time and file a compliance memo, and that foundational order was neither challenged nor stayed, its directions attained finality and were mandatorily enforceable. An ensuing order merely compelling compliance and warning of initiation of contempt proceedings for continued default was held to be a natural consequence of disobedience and not amenable to interference, particularly as no contempt finding or punishment had yet been imposed. As the liability to pay CIRP costs had already been conclusively determined in the unchallenged prior order, the appeal against the compliance-enforcement order was dismissed. - NCLAT
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