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...
Interpretation of loan agreement clauses treated monthly interest payable in advance as an event of default, so non-payment of interest triggers default and permits the lender to accelerate the debt and demand principal notwithstanding the stated loan term; a clause delaying sale of mortgaged property does not bar acceleration on interest default. Because interest remained unpaid, the petition under the insolvency law was properly admitted and remitted for further proceedings at the tribunal. The appellate tribunal set aside the impugned dismissal and directed listing before the adjudicating authority for continuation of the Section 7 process.
Interpretation of loan agreement clauses treated monthly interest payable in advance as an event of default, so non-payment of interest triggers default and permits the lender to accelerate the debt and demand principal notwithstanding the stated loan term; a clause delaying sale of mortgaged property does not bar acceleration on interest default. Because interest remained unpaid, the petition under the insolvency law was properly admitted and remitted for further proceedings at the tribunal. The appellate tribunal set aside the impugned dismissal and directed listing before the adjudicating authority for continuation of the Section 7 process.
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