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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Absence of an express irrevocability or dissolution clause in a trust instrument does not render a public charitable trust revocable; the legal principle is that irrevocability arises by operation of law unless the instrument reserves an express power of revocation, and section 12AB does not mandate an explicit irrevocability clause for registration or renewal. A departmental online utility that compels a 'Yes' response in Form 10AB cannot be treated as furnishing false information; compelled answers must not be grounds for rejection, the utility and question wording must be amended, and affected applications redetermined accordingly.
Absence of an express irrevocability or dissolution clause in a trust instrument does not render a public charitable trust revocable; the legal principle is that irrevocability arises by operation of law unless the instrument reserves an express power of revocation, and section 12AB does not mandate an explicit irrevocability clause for registration or renewal. A departmental online utility that compels a 'Yes' response in Form 10AB cannot be treated as furnishing false information; compelled answers must not be grounds for rejection, the utility and question wording must be amended, and affected applications redetermined accordingly.
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