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...
Unregistered agreement for sale does not confer title; the court treated Eyelid's reliance on such an instrument as insufficient to require the official liquidator to disclaim onerous property or to execute and register conveyance, particularly given absence at possession, municipal records not recognising Eyelid, doubts as to document authenticity and circular payments. The court nevertheless granted Eyelid liberty to seek leave to institute civil proceedings under the Companies Act to establish rights, without conferring substantive relief. Salasar's pre emption/right to match the highest bid will be considered only if it actually matches the highest auction bid.
Unregistered agreement for sale does not confer title; the court treated Eyelid's reliance on such an instrument as insufficient to require the official liquidator to disclaim onerous property or to execute and register conveyance, particularly given absence at possession, municipal records not recognising Eyelid, doubts as to document authenticity and circular payments. The court nevertheless granted Eyelid liberty to seek leave to institute civil proceedings under the Companies Act to establish rights, without conferring substantive relief. Salasar's pre emption/right to match the highest bid will be considered only if it actually matches the highest auction bid.
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