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...
Extension or rejection of the warehousing period under the sufficient-cause standard is quasi-judicial, requiring a judicial approach and an opportunity of hearing. The notes state that a denial must follow adjudicatory proceedings and be communicated through an appealable, reasoned order. Communications that merely convey rejection without findings or justification do not satisfy principles of natural justice. The Supreme Court's COVID-19 limitation extension is also noted. On the stated facts, the rejection communications were considered prima facie unsustainable; the matter was remanded for fresh adjudication after disclosure of proposed reasons, opportunity to reply and personal hearing, while consequential proceedings remained in abeyance.
Extension or rejection of the warehousing period under the sufficient-cause standard is quasi-judicial, requiring a judicial approach and an opportunity of hearing. The notes state that a denial must follow adjudicatory proceedings and be communicated through an appealable, reasoned order. Communications that merely convey rejection without findings or justification do not satisfy principles of natural justice. The Supreme Court's COVID-19 limitation extension is also noted. On the stated facts, the rejection communications were considered prima facie unsustainable; the matter was remanded for fresh adjudication after disclosure of proposed reasons, opportunity to reply and personal hearing, while consequential proceedings remained in abeyance.
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