Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
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Insolvency and BankruptcyMarch 28, 2024Case LawsAT
Liquidation of the Corporate Debtor - The right of the appellant to propose a revised resolution plan - The judgment highlights the NCLAT's approach to balancing the interests of creditors and debtors within the framework of the IBC, particularly in the context of MSMEs. It reaffirms the principle that liquidation should be a last resort, with a preference for resolution and revival to maintain the entity's contribution to the economy.
Liquidation of the Corporate Debtor - The right of the appellant to propose a revised resolution plan - The judgment highlights the NCLAT's approach to balancing the interests of creditors and debtors within the framework of the IBC, particularly in the context of MSMEs. It reaffirms the principle that liquidation should be a last resort, with a preference for resolution and revival to maintain the entity's contribution to the economy.
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