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...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Whether proceedings could continue against the successful resolution applicant after approval of a resolution plan: relying on Supreme Court precedent that once a resolution plan is approved under Section 31(1) all claims not included in the plan are extinguished, the court held that pending adjudication of such claims cannot be continued; accordingly statutory moratorium's purpose prevents revival of excluded claims and even applications for reinstatement without back wages are barred - consequence: the labour and tribunal proceedings were terminated and impugned orders were quashed, and the petitions were allowed. - HC
Whether proceedings could continue against the successful resolution applicant after approval of a resolution plan: relying on Supreme Court precedent that once a resolution plan is approved under Section 31(1) all claims not included in the plan are extinguished, the court held that pending adjudication of such claims cannot be continued; accordingly statutory moratorium's purpose prevents revival of excluded claims and even applications for reinstatement without back wages are barred - consequence: the labour and tribunal proceedings were terminated and impugned orders were quashed, and the petitions were allowed. - HC
Note: It is a system-generated summary and is for quick reference only.