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...
Quashing an FIR at the threshold is limited to determining whether the allegations, assumed true, prima facie disclose cognizable offences; courts should not assess disputed documents, evidence or defences through a mini-trial. Alleged forgery of personal guarantees and loan-security documents, falsification of accounts, and fraudulent use of documents in insolvency proceedings therefore require investigation where authenticity and evidentiary value are contested. IBC immunity is described as a substantive, post-approval protection for the corporate debtor and its property, not a procedural bar to criminal proceedings against individual promoters, directors or officers. Pending insolvency proceedings and the doctrine of indoor management do not preclude investigation into alleged forgery, irregularity or collusion.
Quashing an FIR at the threshold is limited to determining whether the allegations, assumed true, prima facie disclose cognizable offences; courts should not assess disputed documents, evidence or defences through a mini-trial. Alleged forgery of personal guarantees and loan-security documents, falsification of accounts, and fraudulent use of documents in insolvency proceedings therefore require investigation where authenticity and evidentiary value are contested. IBC immunity is described as a substantive, post-approval protection for the corporate debtor and its property, not a procedural bar to criminal proceedings against individual promoters, directors or officers. Pending insolvency proceedings and the doctrine of indoor management do not preclude investigation into alleged forgery, irregularity or collusion.
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