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...
Contractual and development rights under a hire-purchase development arrangement may form part of the corporate debtor's insolvency assets even where land title remains with a statutory authority. Such rights are limited to the debtor's existing contractual entitlement and cannot divest third-party ownership, compel land transfer, or bypass statutory requirements for compounding or regularising unauthorised construction. The notes distinguish pre-CIRP sealing and confiscation for unauthorised construction from actions barred by the moratorium, and state that physical possession does not by itself determine land rights. A resolution plan must identify surviving contractual rights, respect third-party title, and address the availability of required statutory approvals.
Contractual and development rights under a hire-purchase development arrangement may form part of the corporate debtor's insolvency assets even where land title remains with a statutory authority. Such rights are limited to the debtor's existing contractual entitlement and cannot divest third-party ownership, compel land transfer, or bypass statutory requirements for compounding or regularising unauthorised construction. The notes distinguish pre-CIRP sealing and confiscation for unauthorised construction from actions barred by the moratorium, and state that physical possession does not by itself determine land rights. A resolution plan must identify surviving contractual rights, respect third-party title, and address the availability of required statutory approvals.
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