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...
Homebuyers voting as a class through their authorised representative bound all class members, so individual dissenters could not unsettle a resolution plan that had already been validly approved and finally rejected in earlier challenge. The Court also held that the corporate veil could be lifted in CIRP where wholly owned or controlled subsidiaries functioned only as fronts for the holding company's integrated project activity; the leased project assets were therefore not outside the insolvency process. GNIDA was held disentitled to recover penal interest, penal charges and time-extension penalties because of its own delay and inaction, but it remained entitled to recalculated principal dues only, payable by the successful resolution applicants without interest during the payment period.
Homebuyers voting as a class through their authorised representative bound all class members, so individual dissenters could not unsettle a resolution plan that had already been validly approved and finally rejected in earlier challenge. The Court also held that the corporate veil could be lifted in CIRP where wholly owned or controlled subsidiaries functioned only as fronts for the holding company's integrated project activity; the leased project assets were therefore not outside the insolvency process. GNIDA was held disentitled to recover penal interest, penal charges and time-extension penalties because of its own delay and inaction, but it remained entitled to recalculated principal dues only, payable by the successful resolution applicants without interest during the payment period.
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