Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
Interim stay applications over admission of an electricity distribution licensee into CIRP turned on the asserted primacy of the Insolvency Code over the Electricity Act and the alleged invalidity of a corporate guarantee for want of regulatory approval. One Member held that existing Supreme Court authority foreclosed the Electricity Act objection and that a disputed approval issue did not by itself make the guarantee fraudulent, coercive, or void, so no stay was warranted. The other Member distinguished that authority, stressing the effect of CIRP on the licensed business and consumers and preferring the less injurious course. With this difference of opinion, the Bench made no final determination on interim relief and referred the matter.
Interim stay applications over admission of an electricity distribution licensee into CIRP turned on the asserted primacy of the Insolvency Code over the Electricity Act and the alleged invalidity of a corporate guarantee for want of regulatory approval. One Member held that existing Supreme Court authority foreclosed the Electricity Act objection and that a disputed approval issue did not by itself make the guarantee fraudulent, coercive, or void, so no stay was warranted. The other Member distinguished that authority, stressing the effect of CIRP on the licensed business and consumers and preferring the less injurious course. With this difference of opinion, the Bench made no final determination on interim relief and referred the matter.
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