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...
Dominant issue: whether seized demat accounts, attached under Section 37A for alleged contravention of Section 4 of the Act of 1999, may be substituted by a fixed deposit (FD) of equivalent value to secure the claimed amount. Reasoning: seizure aimed to secure an equivalent sum; substitution by an FD equally secures the respondents' interest, is equitable, and permits the appellants to pursue compounding with the RBI; the FD remains subject to final adjudication and any compounding outcome. Outcome: seizure lifted on furnishing an FD of equivalent value, held with lien and subject to adjudication and RBI compounding results. - AT
Dominant issue: whether seized demat accounts, attached under Section 37A for alleged contravention of Section 4 of the Act of 1999, may be substituted by a fixed deposit (FD) of equivalent value to secure the claimed amount. Reasoning: seizure aimed to secure an equivalent sum; substitution by an FD equally secures the respondents' interest, is equitable, and permits the appellants to pursue compounding with the RBI; the FD remains subject to final adjudication and any compounding outcome. Outcome: seizure lifted on furnishing an FD of equivalent value, held with lien and subject to adjudication and RBI compounding results. - AT
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