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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Statutory limits on executive review of vested land orders are reaffirmed: conferral of Civil Court powers does not automatically grant an unrestricted review jurisdiction to executive quasi judicial officers, and statutes barring reopening of concluded vesting determinations preclude such reviews. The 2008 review purporting to set aside the 1971 vesting order was therefore without jurisdiction and void; the Tribunal's quashing of that review was properly restored. Separately, the review failed the narrow Order XLVII Rule 1 CPC tests (no newly discovered evidence shown, no mistake apparent on the record, and no analogous sufficient reason), so the 1971 vesting order remains operative.
Statutory limits on executive review of vested land orders are reaffirmed: conferral of Civil Court powers does not automatically grant an unrestricted review jurisdiction to executive quasi judicial officers, and statutes barring reopening of concluded vesting determinations preclude such reviews. The 2008 review purporting to set aside the 1971 vesting order was therefore without jurisdiction and void; the Tribunal's quashing of that review was properly restored. Separately, the review failed the narrow Order XLVII Rule 1 CPC tests (no newly discovered evidence shown, no mistake apparent on the record, and no analogous sufficient reason), so the 1971 vesting order remains operative.
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