Service of notice and contractual debt acknowledgment preserved insolvency admission against a corporate guarantor despite limitation and natural just...
Original works exemption excludes standalone boulder transportation, leaving subcontracted railway-project transport services subject to service tax l...
Annual production capacity determinations excluding stenter galleries support refunds for unconstitutional excise levies without an unjust-enrichment ...
Vicarious liability for cheque dishonour requires specific allegations of responsibility and cheque signatory; generic director allegations cannot sus...
IT Resilience Index requires market infrastructure institutions to automate resilience scoring, early warnings, and continuous service-delivery monito...
IBC moratorium protects the corporate debtor but does not suspend or extinguish the personal statutory liability of directors or authorised signatories for cheque dishonour under the Negotiable Instruments Act. Expiry of the payment period after commencement of the moratorium is relevant but not conclusive. Specific allegations concerning the signatory's responsibility, issuance of cheques, and admitted signatures can sustain prosecution despite suspension of the board's powers, which does not retrospectively erase pre-moratorium acts. Defences based on knowledge, due diligence, or appointment of an insolvency professional require trial evidence and cannot ordinarily be determined in quashing proceedings. Accordingly, the moratorium did not bar the cheque-dishonour prosecution.
IBC moratorium protects the corporate debtor but does not suspend or extinguish the personal statutory liability of directors or authorised signatories for cheque dishonour under the Negotiable Instruments Act. Expiry of the payment period after commencement of the moratorium is relevant but not conclusive. Specific allegations concerning the signatory's responsibility, issuance of cheques, and admitted signatures can sustain prosecution despite suspension of the board's powers, which does not retrospectively erase pre-moratorium acts. Defences based on knowledge, due diligence, or appointment of an insolvency professional require trial evidence and cannot ordinarily be determined in quashing proceedings. Accordingly, the moratorium did not bar the cheque-dishonour prosecution.
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