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...
NCLAT applied a justice-oriented reading of sufficient cause and condoned a seven-day delay in filing the appeal, accepting that non-communication by earlier counsel and prompt action after learning of the order justified relief. It also treated closure of the right to file reply in Section 9 insolvency proceedings as subject to natural justice and a fair opportunity to defend; where the proposed defence was prima facie substantial and no deliberate negligence was shown, denial of reply would not advance justice. The closure order was set aside, one final opportunity to file the reply was granted, and the merits were left open.
NCLAT applied a justice-oriented reading of sufficient cause and condoned a seven-day delay in filing the appeal, accepting that non-communication by earlier counsel and prompt action after learning of the order justified relief. It also treated closure of the right to file reply in Section 9 insolvency proceedings as subject to natural justice and a fair opportunity to defend; where the proposed defence was prima facie substantial and no deliberate negligence was shown, denial of reply would not advance justice. The closure order was set aside, one final opportunity to file the reply was granted, and the merits were left open.
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