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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Entitlement to regular bail is examined in light of necessity and proportionality of arrest, custodial interrogation, and prima facie material. The court finds absence of evidence of any overt agreement or common design to sustain criminal conspiracy, so mere communication or association does not establish conspiracy; accordingly, no incriminating recovery or summons linked to the applicant was recorded, negating the need for custodial interrogation and rendering the arrest mechanical and lacking statutory satisfaction, violating Article 21 and amounting to punitive pre-trial detention, therefore continued incarceration is unjustified and bail is granted subject to conditions.
Entitlement to regular bail is examined in light of necessity and proportionality of arrest, custodial interrogation, and prima facie material. The court finds absence of evidence of any overt agreement or common design to sustain criminal conspiracy, so mere communication or association does not establish conspiracy; accordingly, no incriminating recovery or summons linked to the applicant was recorded, negating the need for custodial interrogation and rendering the arrest mechanical and lacking statutory satisfaction, violating Article 21 and amounting to punitive pre-trial detention, therefore continued incarceration is unjustified and bail is granted subject to conditions.
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