Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
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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