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...
A High Court addressed a suit for specific performance and damages, considering whether Section 31 of the Foreign Exchange Regulation Act barred the suit and whether prior findings created res judicata. The court confined its adverse decision on an additional issue framed on January 4, 2023 to that narrow issue, holding that this determination will not prejudice the parties on the four original issues framed on December 14, 1992. Questions on legality, validity, sufficiency and enforceability of the January 2, 1989 agreement, including its effect under the Income Tax Act and other FERA aspects, remain open for full adjudication at trial.
A High Court addressed a suit for specific performance and damages, considering whether Section 31 of the Foreign Exchange Regulation Act barred the suit and whether prior findings created res judicata. The court confined its adverse decision on an additional issue framed on January 4, 2023 to that narrow issue, holding that this determination will not prejudice the parties on the four original issues framed on December 14, 1992. Questions on legality, validity, sufficiency and enforceability of the January 2, 1989 agreement, including its effect under the Income Tax Act and other FERA aspects, remain open for full adjudication at trial.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4809 
Join Channel 
