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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Expunction of adverse observations in insolvency-related proceedings where appellate review found paras 25 and 28 contained unsupported factual assertions. The document holds that findings about initiation of investigation and group company affiliation lacked admissible material and were therefore unsustainable, and that exclusion of any Committee of Creditors member requires adequate opportunity to be heard; accordingly the impugned observations were expunged and related directions set aside. The operative effect is removal of unsupported adverse findings and affirmation of the necessity of evidentiary basis and hearing before excluding a CoC member.
Expunction of adverse observations in insolvency-related proceedings where appellate review found paras 25 and 28 contained unsupported factual assertions. The document holds that findings about initiation of investigation and group company affiliation lacked admissible material and were therefore unsustainable, and that exclusion of any Committee of Creditors member requires adequate opportunity to be heard; accordingly the impugned observations were expunged and related directions set aside. The operative effect is removal of unsupported adverse findings and affirmation of the necessity of evidentiary basis and hearing before excluding a CoC member.
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