Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
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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