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...
Service of a Section 7 petition by e-mail to the corporate debtor's MCA-registered address, together with attempted service at the registered office and newspaper publication, was held to be valid and sufficient; the plea of denial of hearing and breach of natural justice was rejected. The tribunal also held that Section 7 maintainability depends on a financial debt and default above the prescribed threshold, and that default in payment of interest forming part of the financial debt is enough to sustain admission. A one-time settlement was treated as a conditional arrangement, and its breach revived liability under the original loan; later payments were to be adjusted against the original dues. The admission order was upheld and the appeal dismissed.
Service of a Section 7 petition by e-mail to the corporate debtor's MCA-registered address, together with attempted service at the registered office and newspaper publication, was held to be valid and sufficient; the plea of denial of hearing and breach of natural justice was rejected. The tribunal also held that Section 7 maintainability depends on a financial debt and default above the prescribed threshold, and that default in payment of interest forming part of the financial debt is enough to sustain admission. A one-time settlement was treated as a conditional arrangement, and its breach revived liability under the original loan; later payments were to be adjusted against the original dues. The admission order was upheld and the appeal dismissed.
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