Prospective customs notification amendments cannot bar provisional release consideration for earlier imports when bills of lading predate their commen...
Personal guarantor insolvency jurisdiction follows the corporate debtor's CIRP Bench, enabling inter-territorial transfer and preventing parallel proc...
Section 47-A undervaluation threshold: fraudulent intent requirement faces reconsideration after referral to a larger Bench for authoritative resoluti...
RBI supersession powers over multi-State co-operative banks operate independently of the constitutional six-month ceiling and permit statutory extensi...
Restoration of an insolvency application dismissed for non-prosecution can be supported by sufficient cause where former counsel deliberately failed to appear or enable substitution despite a continuing vakalatnama; that default should not be attributed to the litigant. Rule 48(2) of the NCLT Rules prescribes a 30-day restoration period but does not expressly prohibit a later recall request. Section 238A applies the Limitation Act, as far as may be, to insolvency proceedings, allowing Section 5 condonation on sufficient cause. Where the restoration request itself explains the delay, a separate condonation application is unnecessary, permitting merits consideration of the underlying claim.
Restoration of an insolvency application dismissed for non-prosecution can be supported by sufficient cause where former counsel deliberately failed to appear or enable substitution despite a continuing vakalatnama; that default should not be attributed to the litigant. Rule 48(2) of the NCLT Rules prescribes a 30-day restoration period but does not expressly prohibit a later recall request. Section 238A applies the Limitation Act, as far as may be, to insolvency proceedings, allowing Section 5 condonation on sufficient cause. Where the restoration request itself explains the delay, a separate condonation application is unnecessary, permitting merits consideration of the underlying claim.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4891 
