HARSHAD SHANTILAL MEHTA vs CUSTODIAN — C.A. No. 5326/1995

Case under Section III. Status: DISPOSED.

CNR: SCIN010068631995

DISPOSED

Filing Date

01-Jan-1900

Registration No

C.A. No. 5326/1995

Diary Number

6863/1995

Order Date

13-May-1998

Document Type

Judgment - of Main Case

Disposal Type

Dismissed

Data as of 03-Jun-2026

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Acts & Sections

Section III

Petitioner(s)

HARSHAD SHANTILAL MEHTA

Adv. LATA KRISHNAMURTI

Respondent(s)

CUSTODIAN

Adv. A. SUBBA RAO (Dead / Retired / Elevated)

Orders

View Full Judgment
casestatus.in Summary

Case Summary: Harshad Shantilal Mehta v. Custodian (C.A. No. 005326/1995) The Supreme Court interpreted Section 11 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, governing distribution of attached properties from the 1992 securities fraud scandal. The Court held that tax liabilities must be "finally assessed" to be payable under Section 11(2)(a), limited to taxes arising during the statutory period (April 1, 1991–June 6, 1992), and excluding penalties and interest. The Court granted Special Courts discretion to scale down disproportionate tax demands using proportionality principles, while banks' claims remain prioritized thereafter under Section 11(2)(b). This case analysis is maintained by casestatus.in based on publicly available court records.

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