Fraudulent trading requires cogent evidence of intent to defraud; ordinary-course payments protected, except post-insolvency withdrawals must be resto...
Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
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Limitation under the Insolvency and Bankruptcy Code is strict, time-bound and jurisdictional: an appeal must be filed in defect-free form within the statutory outer limit, and a defective presentation cannot be perfected at leisure. The procedural period for removing defects or seeking condonation of re-filing delay under the Supreme Court Rules cannot override the Code's timeline. Once the outer limit and the defect-cure period are both exhausted, the right of appeal stands extinguished and no condonation survives. The plea for a liberal approach, including the appellant's status as liquidator and reliance on Article 142, was rejected, and sufficient cause was not shown in any event.
Limitation under the Insolvency and Bankruptcy Code is strict, time-bound and jurisdictional: an appeal must be filed in defect-free form within the statutory outer limit, and a defective presentation cannot be perfected at leisure. The procedural period for removing defects or seeking condonation of re-filing delay under the Supreme Court Rules cannot override the Code's timeline. Once the outer limit and the defect-cure period are both exhausted, the right of appeal stands extinguished and no condonation survives. The plea for a liberal approach, including the appellant's status as liquidator and reliance on Article 142, was rejected, and sufficient cause was not shown in any event.
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