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...
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Dominant issue: legality of arrest and custody - Court held that illegal arrest may be challenged by writ only where arrest flagrantly breaches procedural safeguards or is mala fide; ordinarily bail provisions govern custody, and judicial scrutiny focuses on material justifying arrest. Outcome: challenge rejected because arrest was supported by material establishing reason to believe an offence under Section 132(1) was made out. Dominant issue: non-production within 24 hours - Court found non-production excused by exigent medical transfer and not contrary to statutory requirements or instructions, so this plea failed. Petition dismissed. - HC
Dominant issue: legality of arrest and custody - Court held that illegal arrest may be challenged by writ only where arrest flagrantly breaches procedural safeguards or is mala fide; ordinarily bail provisions govern custody, and judicial scrutiny focuses on material justifying arrest. Outcome: challenge rejected because arrest was supported by material establishing reason to believe an offence under Section 132(1) was made out. Dominant issue: non-production within 24 hours - Court found non-production excused by exigent medical transfer and not contrary to statutory requirements or instructions, so this plea failed. Petition dismissed. - HC
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