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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The HC directed the Chief Engineer to decide the petitioner's pending representation by a self-contained speaking order within 90 days, taking into account specified documentary annexures; if the petitioner is found entitled to any contractual dues, respondent must release the amount with interest from the date of entitlement until payment, applying the principle in Union of India v. Willowood Chemicals. The Court refrained from expressing any opinion on the merits. The order prescribes a timeline, mandates consideration of evidence, and fixes interest as the remedy for delayed payment rather than adjudicating substantive claims.
The HC directed the Chief Engineer to decide the petitioner's pending representation by a self-contained speaking order within 90 days, taking into account specified documentary annexures; if the petitioner is found entitled to any contractual dues, respondent must release the amount with interest from the date of entitlement until payment, applying the principle in Union of India v. Willowood Chemicals. The Court refrained from expressing any opinion on the merits. The order prescribes a timeline, mandates consideration of evidence, and fixes interest as the remedy for delayed payment rather than adjudicating substantive claims.
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