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...
Interim disciplinary suspension of a resolution professional across assignments unrelated to the CIRP giving rise to the charge raises proportionality and audi alteram partem concerns. Board confirmation requirements for appointment or replacement do not determine whether a charge in one CIRP permits exclusion from all other assignments. Regulation 13(7), which requires communicating a disciplinary order to committees of creditors in other assignments, preserves those committees' statutory discretion to retain or replace the professional. A blanket restriction without charges or a hearing concerning those assignments was treated as disproportionate. The suspension was stayed only for other assignments, while the disciplinary merits and the scope of appellate jurisdiction remained open.
Interim disciplinary suspension of a resolution professional across assignments unrelated to the CIRP giving rise to the charge raises proportionality and audi alteram partem concerns. Board confirmation requirements for appointment or replacement do not determine whether a charge in one CIRP permits exclusion from all other assignments. Regulation 13(7), which requires communicating a disciplinary order to committees of creditors in other assignments, preserves those committees' statutory discretion to retain or replace the professional. A blanket restriction without charges or a hearing concerning those assignments was treated as disproportionate. The suspension was stayed only for other assignments, while the disciplinary merits and the scope of appellate jurisdiction remained open.
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