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...
Section 29A(5) applications to extend an arbitrator's mandate are maintainable even after the statutory eighteenmonth mandate has expired and even if an award was rendered after expiry; such postexpiry awards are unenforceable under Section 36 and need not be challenged under Section 34. The Court retains discretionary power to grant extensions only after scrutiny, and may impose conditions including substitution of arbitrators, reduction of arbitrator fees, and costs to correct misconduct. If extended, the tribunal will resume proceedings from the point of interruption. Courts must dispose of Section 29A(9) applications expeditiously (60 days).
Section 29A(5) applications to extend an arbitrator's mandate are maintainable even after the statutory eighteenmonth mandate has expired and even if an award was rendered after expiry; such postexpiry awards are unenforceable under Section 36 and need not be challenged under Section 34. The Court retains discretionary power to grant extensions only after scrutiny, and may impose conditions including substitution of arbitrators, reduction of arbitrator fees, and costs to correct misconduct. If extended, the tribunal will resume proceedings from the point of interruption. Courts must dispose of Section 29A(9) applications expeditiously (60 days).
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