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...
An alleged oral family settlement and bid dated 04.02.2008 failed to effect a lawful transfer of management because the buy-out terms were not performed: full consideration was not proved paid, share transfer deeds were not produced, and parties admitted only partial payments, so the asserted resignations and change of control could not be sustained. Immediate forensic examination of disputed documents was declined, but the Administrator is permitted to approach the adjudicating tribunal (NCLT) later to seek forensic examination if a concrete dispute over produced receipts or documents arises. Appointment of the administrator and attendant directions remain in force.
An alleged oral family settlement and bid dated 04.02.2008 failed to effect a lawful transfer of management because the buy-out terms were not performed: full consideration was not proved paid, share transfer deeds were not produced, and parties admitted only partial payments, so the asserted resignations and change of control could not be sustained. Immediate forensic examination of disputed documents was declined, but the Administrator is permitted to approach the adjudicating tribunal (NCLT) later to seek forensic examination if a concrete dispute over produced receipts or documents arises. Appointment of the administrator and attendant directions remain in force.
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