Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
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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