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...
Criminal-liability analysis distinguishes failure to prove conspiracy from proof of a substantive bribery offence: the court upheld that no prior meeting of minds established Section 120B criminal conspiracy, but reinstated conviction under the Prevention of Corruption Act for demand and acceptance against the second accused. The conviction rested on trap proceedings corroborated by trap officers, independent witnesses, contemporaneous pre-trap documentation and identification of marked notes; electronic voice recordings were excluded. The court emphasised that a co-accused's statement alone cannot substitute for independent proof to fasten guilt on another accused.
Criminal-liability analysis distinguishes failure to prove conspiracy from proof of a substantive bribery offence: the court upheld that no prior meeting of minds established Section 120B criminal conspiracy, but reinstated conviction under the Prevention of Corruption Act for demand and acceptance against the second accused. The conviction rested on trap proceedings corroborated by trap officers, independent witnesses, contemporaneous pre-trap documentation and identification of marked notes; electronic voice recordings were excluded. The court emphasised that a co-accused's statement alone cannot substitute for independent proof to fasten guilt on another accused.
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