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...
A registered assignment deed may operate retrospectively from its execution under Section 47 of the Registration Act, allowing an asset reconstruction company's assigned financial debt to be considered in a corporate insolvency application despite registration after execution. The notes also explain that production and admission of the relevant trust deed cures the deficiency concerning the company's authority to institute proceedings. Accordingly, rejection based on non-registration of the assignment deed or non-production of the trust deed cannot stand, and the insolvency application must be reconsidered on its merits. The issue of stamp duty under the Kerala Stamp Act remained undetermined.
A registered assignment deed may operate retrospectively from its execution under Section 47 of the Registration Act, allowing an asset reconstruction company's assigned financial debt to be considered in a corporate insolvency application despite registration after execution. The notes also explain that production and admission of the relevant trust deed cures the deficiency concerning the company's authority to institute proceedings. Accordingly, rejection based on non-registration of the assignment deed or non-production of the trust deed cannot stand, and the insolvency application must be reconsidered on its merits. The issue of stamp duty under the Kerala Stamp Act remained undetermined.
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