Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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A writ petition may be entertained against a show-cause notice where the challenge concerns jurisdiction and discloses a prima facie case, despite pending statutory proceedings. The authority is not prevented from considering and deciding the notice; however, the affected parties must participate in the proceedings, while enforcement of any resulting decision may be restrained pending disposal of the writ petition or further orders. The court does not determine the merits of the underlying jurisdictional objection at this stage, including the scope of the relevant notification or the authority to issue the notice under Section 73. The arrangement preserves participation in adjudication while providing interim protection against enforcement.
A writ petition may be entertained against a show-cause notice where the challenge concerns jurisdiction and discloses a prima facie case, despite pending statutory proceedings. The authority is not prevented from considering and deciding the notice; however, the affected parties must participate in the proceedings, while enforcement of any resulting decision may be restrained pending disposal of the writ petition or further orders. The court does not determine the merits of the underlying jurisdictional objection at this stage, including the scope of the relevant notification or the authority to issue the notice under Section 73. The arrangement preserves participation in adjudication while providing interim protection against enforcement.
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