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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Illness supported by undisputed medical material was treated as sufficient cause for condoning a 36-day delay in a petition under Section 58(3) of the Companies Act, with the Tribunal noting that the explanation remained uncontroverted despite opportunity. It held that "sufficient cause" is to be construed liberally to secure decision on merits, that Section 58(3) does not create a non-condonable outer limit, and that the Limitation Act principles could apply through Section 433 read with Section 29, with Rule 11 also available to advance substantial justice. The challenge to condonation was rejected and the delay remained condoned.
Illness supported by undisputed medical material was treated as sufficient cause for condoning a 36-day delay in a petition under Section 58(3) of the Companies Act, with the Tribunal noting that the explanation remained uncontroverted despite opportunity. It held that "sufficient cause" is to be construed liberally to secure decision on merits, that Section 58(3) does not create a non-condonable outer limit, and that the Limitation Act principles could apply through Section 433 read with Section 29, with Rule 11 also available to advance substantial justice. The challenge to condonation was rejected and the delay remained condoned.
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