Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
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A civil suit seeking a declaration that personal guarantees stood released remained maintainable because it was filed before any application under Section 95 of the Insolvency and Bankruptcy Code; Section 96 is triggered only on such filing, so a later interim moratorium could at most stay the pending suit for the limited statutory period and not bar it under Order VII Rule 11(d). The court also held that a declaratory suit to establish release from personal guarantees lies within civil jurisdiction, and Section 231 must be construed strictly so as not to oust jurisdiction beyond the Code's specific coverage. Rejection of the plaint was therefore unsustainable and the suit was remanded.
A civil suit seeking a declaration that personal guarantees stood released remained maintainable because it was filed before any application under Section 95 of the Insolvency and Bankruptcy Code; Section 96 is triggered only on such filing, so a later interim moratorium could at most stay the pending suit for the limited statutory period and not bar it under Order VII Rule 11(d). The court also held that a declaratory suit to establish release from personal guarantees lies within civil jurisdiction, and Section 231 must be construed strictly so as not to oust jurisdiction beyond the Code's specific coverage. Rejection of the plaint was therefore unsustainable and the suit was remanded.
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