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...
Limitation for insolvency appeals runs from the date an NCLAT order is pronounced in open court, and later uploading of the order does not postpone the start of time. Exclusion for time taken to obtain a certified copy was unavailable because there was no showing that the appellants applied for the copy within the limitation period. As the insolvency code is a self-contained statute with only a limited condonable delay of fifteen days beyond the initial period, an appeal filed on the 46th day was beyond the maximum permissible limit and could not be entertained; the delay applications were rejected and both appeals were dismissed as time-barred.
Limitation for insolvency appeals runs from the date an NCLAT order is pronounced in open court, and later uploading of the order does not postpone the start of time. Exclusion for time taken to obtain a certified copy was unavailable because there was no showing that the appellants applied for the copy within the limitation period. As the insolvency code is a self-contained statute with only a limited condonable delay of fifteen days beyond the initial period, an appeal filed on the 46th day was beyond the maximum permissible limit and could not be entertained; the delay applications were rejected and both appeals were dismissed as time-barred.
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