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...
High Court applied Section 44(1)(c) of the PML Act as an enabling provision allowing the authority who filed the PML complaint to seek committal of cognizable scheduled offences to the PML Act Special Court, but held that this does not extinguish the right of other aggrieved persons, including the accused, to invoke BNSS transfer provisions. The court recognised that joint trial of scheduled offences and PML Act offences is impossible, yet authorised transfer under BNSS Section 447 directly to the High Court and permitted consolidation by the same Special Court judge; transfer petition was allowed.
High Court applied Section 44(1)(c) of the PML Act as an enabling provision allowing the authority who filed the PML complaint to seek committal of cognizable scheduled offences to the PML Act Special Court, but held that this does not extinguish the right of other aggrieved persons, including the accused, to invoke BNSS transfer provisions. The court recognised that joint trial of scheduled offences and PML Act offences is impossible, yet authorised transfer under BNSS Section 447 directly to the High Court and permitted consolidation by the same Special Court judge; transfer petition was allowed.
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