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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Supreme Court suo motu orders excluded 15 March 2020-28 February 2022 from limitation computation, so any balance limitation remaining on 15 March 2020 must be added to 1 March 2022 and becomes available from that date. Applying that principle to Section 95 applications where limitation expired during the excluded period, the balance period was calculated as of 15 March 2020 and added to 1 March 2022; applications falling within the recalculated periods are not time barred. Orders dismissing those applications as barred were set aside and the matters remitted for fresh consideration.
Supreme Court suo motu orders excluded 15 March 2020-28 February 2022 from limitation computation, so any balance limitation remaining on 15 March 2020 must be added to 1 March 2022 and becomes available from that date. Applying that principle to Section 95 applications where limitation expired during the excluded period, the balance period was calculated as of 15 March 2020 and added to 1 March 2022; applications falling within the recalculated periods are not time barred. Orders dismissing those applications as barred were set aside and the matters remitted for fresh consideration.
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