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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Persons who acquired or sold a secured asset during an operative moratorium were entitled to be heard because their substantive civil rights were exposed to adjudicatory scrutiny; the tribunal applied the principle that parties whose rights may be affected by ongoing proceedings are necessary and proper parties and may be impleaded to prevent collateral damage. On that basis both impleader applications were allowed, the applicants were directed to be impleaded as respondents, and the appellant was ordered to amend the memorandum of parties, serve appeal papers on them, and comply with specified timelines for objections and rejoinders.
Persons who acquired or sold a secured asset during an operative moratorium were entitled to be heard because their substantive civil rights were exposed to adjudicatory scrutiny; the tribunal applied the principle that parties whose rights may be affected by ongoing proceedings are necessary and proper parties and may be impleaded to prevent collateral damage. On that basis both impleader applications were allowed, the applicants were directed to be impleaded as respondents, and the appellant was ordered to amend the memorandum of parties, serve appeal papers on them, and comply with specified timelines for objections and rejoinders.
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