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...
Contractual service of demand notice under the guarantee deed was treated as sufficient where the financial creditor had already invoked the personal guarantees before Section 95 proceedings, reflected that invocation in the DRT record, and annexed the invocation notice to the statutory demand notice. The tribunal held that dispatch to the last known address and certification by a responsible officer satisfied the agreed mode of service, so absence of postal acknowledgments did not defeat invocation. The appellants had also admitted the factual assertions in their rejoinder, making the service objection hyper-technical. The personal insolvency applications were therefore upheld on the basis of enforceable debt and default against the guarantors.
Contractual service of demand notice under the guarantee deed was treated as sufficient where the financial creditor had already invoked the personal guarantees before Section 95 proceedings, reflected that invocation in the DRT record, and annexed the invocation notice to the statutory demand notice. The tribunal held that dispatch to the last known address and certification by a responsible officer satisfied the agreed mode of service, so absence of postal acknowledgments did not defeat invocation. The appellants had also admitted the factual assertions in their rejoinder, making the service objection hyper-technical. The personal insolvency applications were therefore upheld on the basis of enforceable debt and default against the guarantors.
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