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...
Prolonged pre-trial custody in an NDPS case entitled the appellant to parity-based bail because an identically situated co-accused travelling with the appellant had already been released; bail was therefore granted. Bail is subject to stringent conditions to be fixed by the trial court, including surrender of passport and cooperation in trial. Trial courts must inform accused of the right to legal representation and availability of legal aid, record the offer and the accused's response, and note actions taken before witness examination. Observations are limited to bail and do not determine trial merits.
Prolonged pre-trial custody in an NDPS case entitled the appellant to parity-based bail because an identically situated co-accused travelling with the appellant had already been released; bail was therefore granted. Bail is subject to stringent conditions to be fixed by the trial court, including surrender of passport and cooperation in trial. Trial courts must inform accused of the right to legal representation and availability of legal aid, record the offer and the accused's response, and note actions taken before witness examination. Observations are limited to bail and do not determine trial merits.
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