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...
Validity of an investigation order under the Companies Act was tested against the requirement that executive power to order investigations be supported by disclosed reasons and relevant material. The inspection report recorded only minor violations and made no recommendation for investigation; the Ministry relied on a later Regional Director proposal that was not disclosed. Applying the principle that administrative orders must state and be supported by material reasons when exercised in public interest, the court found the notice initiating investigation lacked substance and quashed the notice, allowing the writ petition.
Validity of an investigation order under the Companies Act was tested against the requirement that executive power to order investigations be supported by disclosed reasons and relevant material. The inspection report recorded only minor violations and made no recommendation for investigation; the Ministry relied on a later Regional Director proposal that was not disclosed. Applying the principle that administrative orders must state and be supported by material reasons when exercised in public interest, the court found the notice initiating investigation lacked substance and quashed the notice, allowing the writ petition.
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