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 Article 20(2) bars prosecution: Article 20(2) protects against double jeopardy only after prior trial has concluded in conviction or acquittal; where the earlier ECIR's trial is pending and alleged offences are continuing, the constitutional bar is not attracted - prosecution may proceed. Applicability of s.45 PMLA "twin conditions": statutory requirement to record satisfaction on reasonable grounds overrides Cr.P.C.; given substantial unaccounted deficit and evidence of post-2017 layering, the court could not be satisfied the accused were not guilty, precluding grant of regular bail - bail refused. - HC
Whether Article 20(2) bars prosecution: Article 20(2) protects against double jeopardy only after prior trial has concluded in conviction or acquittal; where the earlier ECIR's trial is pending and alleged offences are continuing, the constitutional bar is not attracted - prosecution may proceed. Applicability of s.45 PMLA "twin conditions": statutory requirement to record satisfaction on reasonable grounds overrides Cr.P.C.; given substantial unaccounted deficit and evidence of post-2017 layering, the court could not be satisfied the accused were not guilty, precluding grant of regular bail - bail refused. - HC
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