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...
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A Co operative Court award operates as a money decree enforceable like a civil decree, rendering the judgment debtor's property liable to attachment and sale; its executory effect could not be collaterally impugned once the order rejecting a belated set aside had become final. Revisionary jurisdiction under the statute is maintainable to examine confirmation of sale despite parallel rule remedies; the revisional forum may annul confirmation. Clauses (g) and (h) of Rule 107(11) impose a mandatory auction deposit regime, and failure to pay the balance within the prescribed period vitiated the sale confirmation. Remedy ordered: sale and confirmation set aside, fresh auction under Rule 107(11)(j), refund of purchaser's deposit with interest, rights to compromise preserved.
A Co operative Court award operates as a money decree enforceable like a civil decree, rendering the judgment debtor's property liable to attachment and sale; its executory effect could not be collaterally impugned once the order rejecting a belated set aside had become final. Revisionary jurisdiction under the statute is maintainable to examine confirmation of sale despite parallel rule remedies; the revisional forum may annul confirmation. Clauses (g) and (h) of Rule 107(11) impose a mandatory auction deposit regime, and failure to pay the balance within the prescribed period vitiated the sale confirmation. Remedy ordered: sale and confirmation set aside, fresh auction under Rule 107(11)(j), refund of purchaser's deposit with interest, rights to compromise preserved.
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