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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Where no statutory limitation applied, authorities must initiate proceedings within a reasonable period; the article explains application of the Supreme Court precedent treating statutory record-preservation periods under the Banking Companies (Period of Preservation of Records) Rules, 1985 (five/eight years unless extended) as relevant to assessing reasonableness of delay. Show cause notices issued long after the preservation period for transactions from the early 1990s were held unreasonable, particularly absent any directive extending preservation and given additional unexplained delay between inquiry and issuance. Consequent relief included quashing the notices and ordering discharge and release of interim bank guarantees.
Where no statutory limitation applied, authorities must initiate proceedings within a reasonable period; the article explains application of the Supreme Court precedent treating statutory record-preservation periods under the Banking Companies (Period of Preservation of Records) Rules, 1985 (five/eight years unless extended) as relevant to assessing reasonableness of delay. Show cause notices issued long after the preservation period for transactions from the early 1990s were held unreasonable, particularly absent any directive extending preservation and given additional unexplained delay between inquiry and issuance. Consequent relief included quashing the notices and ordering discharge and release of interim bank guarantees.
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