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...
Admissibility of confessions under Section 108 of the Customs Act and the evidentiary value of prior testimony under Section 244(1) Cr.P.C. were central. The court applied the principle that a co-accused's confession is only corroborative and cannot be treated as substantive proof, and therefore set that aside to examine other evidence. Prior testimony was inadmissible under the Evidence Act because the complainant failed to establish the witness's unavailability or incapacity, and the complainant did not invoke the alternative business-records route. On that basis, the trial court's rejection of the testimony and acquittal of the remaining accused was upheld.
Admissibility of confessions under Section 108 of the Customs Act and the evidentiary value of prior testimony under Section 244(1) Cr.P.C. were central. The court applied the principle that a co-accused's confession is only corroborative and cannot be treated as substantive proof, and therefore set that aside to examine other evidence. Prior testimony was inadmissible under the Evidence Act because the complainant failed to establish the witness's unavailability or incapacity, and the complainant did not invoke the alternative business-records route. On that basis, the trial court's rejection of the testimony and acquittal of the remaining accused was upheld.
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