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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Approval of a scheme of arrangement was sustained where creditor majorities in value and number approved the compromise; the challenger lacked the statutory voting threshold and therefore had no locus to contest the scheme, resulting in dismissal of the appeal. The tribunal reasoned that a duly sanctioned compromise is binding on all stakeholders under the Companies Act, and the scheme limited entitlements to a defined class of creditors without purporting to exercise criminal or civil court powers; accordingly statutory rights under other Acts were not displaced. Prior authority supporting threshold-based locus and examination of MPID-related concerns were noted but did not alter the result.
Approval of a scheme of arrangement was sustained where creditor majorities in value and number approved the compromise; the challenger lacked the statutory voting threshold and therefore had no locus to contest the scheme, resulting in dismissal of the appeal. The tribunal reasoned that a duly sanctioned compromise is binding on all stakeholders under the Companies Act, and the scheme limited entitlements to a defined class of creditors without purporting to exercise criminal or civil court powers; accordingly statutory rights under other Acts were not displaced. Prior authority supporting threshold-based locus and examination of MPID-related concerns were noted but did not alter the result.
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