Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
Insolvency and BankruptcyNovember 9, 2022Case LawsAT
Seeking recall of order - It must be borne in mind that, if the Restoration Application preferred by the Party / Person is dismissed, at the threshold, then, there is a possibility, that even the meritorious case / matter may be thrown out, at the nascent stage. However, if the Restoration Application is Allowed by the Adjudicating Authority / Tribunal by resorting a liberal approach, then, there is every likelihood that the Main Matter shall be taken up for Hearing and the Case / Cause is decided on Merits, of course, after providing an adequate Opportunity of Hearing and also by observing the Principles of Natural Justice. - AT
Seeking recall of order - It must be borne in mind that, if the Restoration Application preferred by the Party / Person is dismissed, at the threshold, then, there is a possibility, that even the meritorious case / matter may be thrown out, at the nascent stage. However, if the Restoration Application is Allowed by the Adjudicating Authority / Tribunal by resorting a liberal approach, then, there is every likelihood that the Main Matter shall be taken up for Hearing and the Case / Cause is decided on Merits, of course, after providing an adequate Opportunity of Hearing and also by observing the Principles of Natural Justice. - AT
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