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...
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Compounding of a cheque-dishonour offence under Section 138 of the Negotiable Instruments Act was permitted even after conviction because the petitioner had entered into a post-conviction settlement and paid the entire compensation, with the complainant raising no objection. The HC applied the principle that Section 147 permits compounding after conviction and accepted the compromise in light of the settlement and payment already made. The conviction and sentence were accordingly recalled, the offence was compounded, and the petitioner was acquitted.
Compounding of a cheque-dishonour offence under Section 138 of the Negotiable Instruments Act was permitted even after conviction because the petitioner had entered into a post-conviction settlement and paid the entire compensation, with the complainant raising no objection. The HC applied the principle that Section 147 permits compounding after conviction and accepted the compromise in light of the settlement and payment already made. The conviction and sentence were accordingly recalled, the offence was compounded, and the petitioner was acquitted.
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