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...
Where a cheque bears material alterations (amount/date), such change falls within Section 87 and will void the instrument as against a party who did not consent; if alterations were made by the drawer with intent to prevent payment, dishonour will attract liability under Section 138, but if made by the payee for undue benefit the criminal liability may not follow. Determination of who made the alteration is a question of fact for trial and cannot be decided at this stage; petitioner's challenge is therefore dismissed without prejudice to raising these factual/contention issues before the trial court. - HC
Where a cheque bears material alterations (amount/date), such change falls within Section 87 and will void the instrument as against a party who did not consent; if alterations were made by the drawer with intent to prevent payment, dishonour will attract liability under Section 138, but if made by the payee for undue benefit the criminal liability may not follow. Determination of who made the alteration is a question of fact for trial and cannot be decided at this stage; petitioner's challenge is therefore dismissed without prejudice to raising these factual/contention issues before the trial court. - HC
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