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...
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Bank's continued freezing of a company's accounts was held unjustified once the ROC, acting on MCA directions, had unmarked the "management dispute" flag; such ROC marking pertains to statutory compliances under company law and does not fetter ordinary banking operations, hence the bank had no basis to persist with the freeze and was bound to comply with the earlier defreezing direction. Former directors, whose oppression and mismanagement challenge had been dismissed and against which no appellate stay operated, were held to lack locus standi to object to account operations or seek recall/impleadment. The order suspending the defreezing direction and keeping contempt in abeyance, passed without reasons or a prima facie finding, was set aside and the appeal disposed. - HC
Bank's continued freezing of a company's accounts was held unjustified once the ROC, acting on MCA directions, had unmarked the "management dispute" flag; such ROC marking pertains to statutory compliances under company law and does not fetter ordinary banking operations, hence the bank had no basis to persist with the freeze and was bound to comply with the earlier defreezing direction. Former directors, whose oppression and mismanagement challenge had been dismissed and against which no appellate stay operated, were held to lack locus standi to object to account operations or seek recall/impleadment. The order suspending the defreezing direction and keeping contempt in abeyance, passed without reasons or a prima facie finding, was set aside and the appeal disposed. - HC
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