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...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Finality of court confirmed auction sales does not bar limited supervisory review where credible doubts arise about adequacy of valuation or fairness in fixing the reserve price; the Court applied the principle that protections for a bona fide auction purchaser are strong but not absolute, permitting remand for reassessment to secure best realisable value of the secured asset. The High Court's confined direction to remit valuation and reserve price circumstances to the DRT was treated as a balanced, legally permissible exercise because it did not set aside the confirmed auction or prejudice recovery already effected. The appeal was dismissed and the remand sustained.
Finality of court confirmed auction sales does not bar limited supervisory review where credible doubts arise about adequacy of valuation or fairness in fixing the reserve price; the Court applied the principle that protections for a bona fide auction purchaser are strong but not absolute, permitting remand for reassessment to secure best realisable value of the secured asset. The High Court's confined direction to remit valuation and reserve price circumstances to the DRT was treated as a balanced, legally permissible exercise because it did not set aside the confirmed auction or prejudice recovery already effected. The appeal was dismissed and the remand sustained.
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