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...
Income Disclosure Scheme immunity and search-material requirements barred further share-transaction additions in unabated assessments under section 15...
Pendency of CIRP against a promoter does not, by itself, bar a society's application for deemed conveyance under MOFA. The Court held that the promoter's duty to convey the land and building arises from statutory and contractual obligations, and that deemed conveyance is a statutory mechanism to perfect the flat purchasers' title, not debt recovery or enforcement of a monetary claim. It further held that there is no inconsistency between MOFA and the IBC requiring exclusion under Section 238, and that the moratorium under Section 14 does not prevent the Competent Authority from deciding the application on merits. The refusal was set aside and the matter restored.
Pendency of CIRP against a promoter does not, by itself, bar a society's application for deemed conveyance under MOFA. The Court held that the promoter's duty to convey the land and building arises from statutory and contractual obligations, and that deemed conveyance is a statutory mechanism to perfect the flat purchasers' title, not debt recovery or enforcement of a monetary claim. It further held that there is no inconsistency between MOFA and the IBC requiring exclusion under Section 238, and that the moratorium under Section 14 does not prevent the Competent Authority from deciding the application on merits. The refusal was set aside and the matter restored.
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