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...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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A registered sub-lease deed creating a first charge can constitute a security interest under the Insolvency Code, so NOIDA was not to be treated as an ordinary operational creditor and the resolution plan's distribution had to be reconsidered to that extent. By contrast, the lender's assignee could claim no higher security than the assignor, and its security over a real estate project was confined to unsold inventory because allotments to homebuyers were protected under RERA; the plan payment to the dissenting secured creditor therefore did not breach Sections 30(2)(b) or 53. Objections on valuation and plan comparison fell within the CoC's commercial wisdom, and no material irregularity was shown.
A registered sub-lease deed creating a first charge can constitute a security interest under the Insolvency Code, so NOIDA was not to be treated as an ordinary operational creditor and the resolution plan's distribution had to be reconsidered to that extent. By contrast, the lender's assignee could claim no higher security than the assignor, and its security over a real estate project was confined to unsold inventory because allotments to homebuyers were protected under RERA; the plan payment to the dissenting secured creditor therefore did not breach Sections 30(2)(b) or 53. Objections on valuation and plan comparison fell within the CoC's commercial wisdom, and no material irregularity was shown.
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