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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Entitlement to bail under PMLA was assessed against the statutory twin conditions in Section 45 and the constitutional right to speedy trial; the court applied the principle that bail is the rule and jail the exception and held that twin conditions do not permit indefinite pre-trial incarceration, especially where investigation is complete, evidence is largely documentary, trial has not commenced and no realistic prospect of early conclusion exists. The court found alleged non-cooperation was not established and cannot alone justify denial of bail, and therefore granted bail subject to sureties and conditions to secure attendance and prevent witness tampering; no view on merits was expressed.
Entitlement to bail under PMLA was assessed against the statutory twin conditions in Section 45 and the constitutional right to speedy trial; the court applied the principle that bail is the rule and jail the exception and held that twin conditions do not permit indefinite pre-trial incarceration, especially where investigation is complete, evidence is largely documentary, trial has not commenced and no realistic prospect of early conclusion exists. The court found alleged non-cooperation was not established and cannot alone justify denial of bail, and therefore granted bail subject to sureties and conditions to secure attendance and prevent witness tampering; no view on merits was expressed.
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