Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
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During CIRP, moratorium protection under the Insolvency Code preserves the corporate debtor's possession and status quo, preventing lease termination, re-entry and eviction that would recover property from the debtor. The High Court construed Section 14 broadly to cover statutory eviction proceedings as well as civil suits, and treated the explanation to Section 14(1) as clarificatory rather than an exception permitting breach-based action. It further held that any inconsistency between the Public Premises Act and the insolvency regime was resolved by Section 238 in favour of the Code. On that basis, the lease termination and eviction orders were quashed and the appeal was dismissed.
During CIRP, moratorium protection under the Insolvency Code preserves the corporate debtor's possession and status quo, preventing lease termination, re-entry and eviction that would recover property from the debtor. The High Court construed Section 14 broadly to cover statutory eviction proceedings as well as civil suits, and treated the explanation to Section 14(1) as clarificatory rather than an exception permitting breach-based action. It further held that any inconsistency between the Public Premises Act and the insolvency regime was resolved by Section 238 in favour of the Code. On that basis, the lease termination and eviction orders were quashed and the appeal was dismissed.
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