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...
Section 60(5)(c) jurisdiction is examined in relation to a liquidator's request to protect access to a liquidation-estate asset across adjoining third-party land. The majority view treats obstruction arising after commencement of insolvency as sufficiently connected with liquidation where it impairs inspection, valuation and sale, and permits protection of a pre-existing right without creating a new one. It further addresses prescriptive easements, requiring continuous, open and peaceable use for the statutory period; recorded access and satellite imagery are discussed as supporting evidence. The dissent considers a disputed easement, including its route, dimensions and adverse use, unsuitable for summary insolvency jurisdiction and requiring civil-court determination.
Section 60(5)(c) jurisdiction is examined in relation to a liquidator's request to protect access to a liquidation-estate asset across adjoining third-party land. The majority view treats obstruction arising after commencement of insolvency as sufficiently connected with liquidation where it impairs inspection, valuation and sale, and permits protection of a pre-existing right without creating a new one. It further addresses prescriptive easements, requiring continuous, open and peaceable use for the statutory period; recorded access and satellite imagery are discussed as supporting evidence. The dissent considers a disputed easement, including its route, dimensions and adverse use, unsuitable for summary insolvency jurisdiction and requiring civil-court determination.
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