Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
Petitioners, Managing Director and Director of Ms. Kudos Chemie Pvt. Ltd., sought stay of proceedings u/s 138 of Negotiable Instruments Act, 1881, invoking Section 96 of Insolvency and Bankruptcy Code, 2016. HC held proceedings u/s 138 NI Act penal in nature, not in respect of any debt. Directors cannot escape penal liability u/ss 138/141 NI Act due to company's insolvency. Section 96 IBC not a bar to continue Section 138 proceedings against Directors. Petition dismissed as misuse of process to delay 9-year-old proceedings.
Petitioners, Managing Director and Director of Ms. Kudos Chemie Pvt. Ltd., sought stay of proceedings u/s 138 of Negotiable Instruments Act, 1881, invoking Section 96 of Insolvency and Bankruptcy Code, 2016. HC held proceedings u/s 138 NI Act penal in nature, not in respect of any debt. Directors cannot escape penal liability u/ss 138/141 NI Act due to company's insolvency. Section 96 IBC not a bar to continue Section 138 proceedings against Directors. Petition dismissed as misuse of process to delay 9-year-old proceedings.
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