Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Transfers of a corporate debtor's funds during the CIRP moratorium are prohibited where made without the Resolution Professional's knowledge, and transferred amounts may be directed to be remitted. Public announcement and publication of CIRP proceedings create deemed knowledge of the moratorium, preventing a recipient from relying on ignorance as a defence. A claim that transferred funds were held in trust requires proof of a trust relationship and a basis for identifying the funds as trust money; an unsupported assertion is insufficient. Proceedings for a moratorium breach may be pursued under Section 60(5) read with Section 14(1)(b). Reliance on Section 74 was unavailable where it was not previously pleaded and had been omitted by the 2026 amendment.
Transfers of a corporate debtor's funds during the CIRP moratorium are prohibited where made without the Resolution Professional's knowledge, and transferred amounts may be directed to be remitted. Public announcement and publication of CIRP proceedings create deemed knowledge of the moratorium, preventing a recipient from relying on ignorance as a defence. A claim that transferred funds were held in trust requires proof of a trust relationship and a basis for identifying the funds as trust money; an unsupported assertion is insufficient. Proceedings for a moratorium breach may be pursued under Section 60(5) read with Section 14(1)(b). Reliance on Section 74 was unavailable where it was not previously pleaded and had been omitted by the 2026 amendment.
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