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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The article summarises a High Court decision quashing an FIR and investigation where investigative material failed to identify accused or disclose prima facie deception or dishonest intention at the inception of transactions; the court applied the prohibition on fishing or roving inquiries and held that uncontroverted documentary material negated allegations against the petitioner, warranting quash. It emphasised the distinction between bona fide commercial lending decisions and criminality, noting regulator and ministry oversight, and treated statutory protection for decisions by public servants under Section 17A as a bar to investigating unnamed bank officials without prescribed pre conditions.
The article summarises a High Court decision quashing an FIR and investigation where investigative material failed to identify accused or disclose prima facie deception or dishonest intention at the inception of transactions; the court applied the prohibition on fishing or roving inquiries and held that uncontroverted documentary material negated allegations against the petitioner, warranting quash. It emphasised the distinction between bona fide commercial lending decisions and criminality, noting regulator and ministry oversight, and treated statutory protection for decisions by public servants under Section 17A as a bar to investigating unnamed bank officials without prescribed pre conditions.
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