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...
Section 138 NI Act proceedings were described as quasi-criminal but predominantly criminal, with the offence lying in cheque dishonour and punishment operating mainly as deterrence rather than debt recovery. The compensatory component was treated separately, and moratorium under Part III of the IBC was held inapplicable to the criminal aspect but applicable to recovery of compensation in appropriate cases. For directors facing liability under Section 141, the use of "any debt" in Sections 96 and 101 of the IBC was read broadly to extend moratorium protection to compensatory obligations during personal insolvency. The text ends by noting that the controversy was not finally settled and was referred for authoritative consideration.
Section 138 NI Act proceedings were described as quasi-criminal but predominantly criminal, with the offence lying in cheque dishonour and punishment operating mainly as deterrence rather than debt recovery. The compensatory component was treated separately, and moratorium under Part III of the IBC was held inapplicable to the criminal aspect but applicable to recovery of compensation in appropriate cases. For directors facing liability under Section 141, the use of "any debt" in Sections 96 and 101 of the IBC was read broadly to extend moratorium protection to compensatory obligations during personal insolvency. The text ends by noting that the controversy was not finally settled and was referred for authoritative consideration.
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