Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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Resolution professional was entitled to cooperation, project records and access from a party operating under project agreements because, once CIRP commenced, the RP had a statutory duty to preserve and protect the corporate debtor's assets. The tribunal held that the matter was not a mere contractual dispute and directed disclosure of documents and information, but declined to stop construction because continuation was necessary in the interest of stakeholders, especially homebuyers. It also held that unregistered development documents did not create title in immovable property, so the project remained with the corporate debtor, while the earlier registered mortgage over the land, units and receivables continued and was not displaced by later development arrangements.
Resolution professional was entitled to cooperation, project records and access from a party operating under project agreements because, once CIRP commenced, the RP had a statutory duty to preserve and protect the corporate debtor's assets. The tribunal held that the matter was not a mere contractual dispute and directed disclosure of documents and information, but declined to stop construction because continuation was necessary in the interest of stakeholders, especially homebuyers. It also held that unregistered development documents did not create title in immovable property, so the project remained with the corporate debtor, while the earlier registered mortgage over the land, units and receivables continued and was not displaced by later development arrangements.
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