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...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Allegations that an agreement containing an arbitration clause is forged or fabricated defeat arbitrability because arbitration requires valid consent; where interim proceedings produced prima facie findings casting grave doubt on the document's authenticity, those findings are a relevant consideration and arbitration referral is inappropriate. Concurrent trial and firstinstance findings that originals were not produced and that fraud allegations were serious support nonarbitrability, and supervisory review must not reappreciate evidence to dislodge those findings. Appointment of an arbitrator when the arbitration agreement's existence is in serious dispute is premature and legally impermissible.
Allegations that an agreement containing an arbitration clause is forged or fabricated defeat arbitrability because arbitration requires valid consent; where interim proceedings produced prima facie findings casting grave doubt on the document's authenticity, those findings are a relevant consideration and arbitration referral is inappropriate. Concurrent trial and firstinstance findings that originals were not produced and that fraud allegations were serious support nonarbitrability, and supervisory review must not reappreciate evidence to dislodge those findings. Appointment of an arbitrator when the arbitration agreement's existence is in serious dispute is premature and legally impermissible.
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