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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Unregistered agreements for sale in respect of immovable property do not transfer title or qualify as admissible evidence where registration is mandatory; consequently the property remains part of the bankrupt's estate absent a registered sale deed. The agreements required institution of a suit for specific performance and no such suit was prosecuted within the requisite period, so the contractual right was extinguished by inaction under the Limitation Act and could not exclude the asset from the bankruptcy estate. The interlocutory application to exclude the asset was rejected and the claimed rights were held ineffective against the bankruptcy trustee's administration.
Unregistered agreements for sale in respect of immovable property do not transfer title or qualify as admissible evidence where registration is mandatory; consequently the property remains part of the bankrupt's estate absent a registered sale deed. The agreements required institution of a suit for specific performance and no such suit was prosecuted within the requisite period, so the contractual right was extinguished by inaction under the Limitation Act and could not exclude the asset from the bankruptcy estate. The interlocutory application to exclude the asset was rejected and the claimed rights were held ineffective against the bankruptcy trustee's administration.
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