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...
A miscellaneous application filed after disposal was held maintainable only for correction of clerical or arithmetical errors, or in exceptional cases where an executory order becomes impossible because of later events; it could not be used to rewrite the final order, and was dismissed as a disguised review and abuse of process. The Court also held that the signed order uploaded after chamber corrections alone constituted the final operative order. Changes from the dictated draft, including disposal with liberty to pursue remedies and omission of a status quo direction, were treated as permissible refinement and correction rather than material alteration requiring rehearing.
A miscellaneous application filed after disposal was held maintainable only for correction of clerical or arithmetical errors, or in exceptional cases where an executory order becomes impossible because of later events; it could not be used to rewrite the final order, and was dismissed as a disguised review and abuse of process. The Court also held that the signed order uploaded after chamber corrections alone constituted the final operative order. Changes from the dictated draft, including disposal with liberty to pursue remedies and omission of a status quo direction, were treated as permissible refinement and correction rather than material alteration requiring rehearing.
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