Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
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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