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 exercised inherent jurisdiction sparingly to refuse quashing of a complaint under the Negotiable Instruments Act, holding that appreciation of evidence is impermissible at the quashing stage and disputed facts requiring trial cannot be decided on a Section 482 petition; outcome: the summons and complaint stand. The court relied on the statutory presumption that admitted signatures on cheques indicate issuance to discharge a legally enforceable liability, treating security cheques as valid acknowledgements of liability that may be used to discharge debt; consequence: petition dismissed while preserving the accused's right to rebut the presumption at trial.
High Court exercised inherent jurisdiction sparingly to refuse quashing of a complaint under the Negotiable Instruments Act, holding that appreciation of evidence is impermissible at the quashing stage and disputed facts requiring trial cannot be decided on a Section 482 petition; outcome: the summons and complaint stand. The court relied on the statutory presumption that admitted signatures on cheques indicate issuance to discharge a legally enforceable liability, treating security cheques as valid acknowledgements of liability that may be used to discharge debt; consequence: petition dismissed while preserving the accused's right to rebut the presumption at trial.
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