Customs valuation and import permissibility conflict resolved: accepted enhancement of transaction value removes liability for confiscation and penalt...
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...
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The dominant issue was whether the CLB had jurisdiction to condone a 249-day delay in an appeal under s.58(3) of the Companies Act, 2013, including whether s.433 (enabling application of the Limitation Act, 1963) could apply retrospectively to CLB proceedings. The Court held that, during the interregnum before 01.06.2016, the statute did not empower the CLB to apply s.5 of the Limitation Act, and its limited "court-like" status and procedural regulations could not be expanded into a power to extend statutory limitation. Section 58(3) was construed as mandatory; the High Court's affirmance was set aside and the appeal allowed. - SC
The dominant issue was whether the CLB had jurisdiction to condone a 249-day delay in an appeal under s.58(3) of the Companies Act, 2013, including whether s.433 (enabling application of the Limitation Act, 1963) could apply retrospectively to CLB proceedings. The Court held that, during the interregnum before 01.06.2016, the statute did not empower the CLB to apply s.5 of the Limitation Act, and its limited "court-like" status and procedural regulations could not be expanded into a power to extend statutory limitation. Section 58(3) was construed as mandatory; the High Court's affirmance was set aside and the appeal allowed. - SC
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