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...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Insolvency and BankruptcyMarch 19, 2024Case LawsAT
Maintainability of appeal - time limitation - Whether appeals filed without certified copies of the impugned orders, due to delays in obtaining them? - The Tribunal considered the mandatory requirement of annexing certified copies with appeals, as stipulated in its rules, against the backdrop of Supreme Court decisions emphasizing procedural law as a means to aid justice rather than hinder it. The NCLAT granted exemptions for filing certified copies in ten appeals where such applications were made, recognizing the Tribunal's power to exempt compliance with procedural requirements for substantial justice. However, it dismissed three appeals where no exemption applications were filed, reinforcing the necessity of following prescribed procedural norms.
Maintainability of appeal - time limitation - Whether appeals filed without certified copies of the impugned orders, due to delays in obtaining them? - The Tribunal considered the mandatory requirement of annexing certified copies with appeals, as stipulated in its rules, against the backdrop of Supreme Court decisions emphasizing procedural law as a means to aid justice rather than hinder it. The NCLAT granted exemptions for filing certified copies in ten appeals where such applications were made, recognizing the Tribunal's power to exempt compliance with procedural requirements for substantial justice. However, it dismissed three appeals where no exemption applications were filed, reinforcing the necessity of following prescribed procedural norms.
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