Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
Insolvency professional agency governance rules amended to add nominee directors, tighten independent director eligibility, and regulate managing dire...
Section 7 insolvency adjudication is confined to determining the existence of financial debt, default and completeness of the application. A proposed compromise scheme, settlement discussions or anticipated commercial hardship do not require deferral of admission unless the proposal has become legally binding or otherwise displaces the default. A pending counterclaim in separate recovery proceedings, without a determination favouring the corporate debtor, does not negate established debt and default. Natural justice requires a fair and reasonable opportunity to present the case, but does not entitle a participating party to unlimited adjournments after repeated opportunities. CIRP remains a resolution process rather than liquidation.
Section 7 insolvency adjudication is confined to determining the existence of financial debt, default and completeness of the application. A proposed compromise scheme, settlement discussions or anticipated commercial hardship do not require deferral of admission unless the proposal has become legally binding or otherwise displaces the default. A pending counterclaim in separate recovery proceedings, without a determination favouring the corporate debtor, does not negate established debt and default. Natural justice requires a fair and reasonable opportunity to present the case, but does not entitle a participating party to unlimited adjournments after repeated opportunities. CIRP remains a resolution process rather than liquidation.
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