Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
Income Disclosure Scheme immunity and search-material requirements barred further share-transaction additions in unabated assessments under section 15...
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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