PMLA anticipatory bail requires satisfaction of twin conditions, while predicate-offence protection does not extend to independent money-laundering pr...
School-affiliation charges remain taxable where not directly connected with examinations, while extended limitation requires proof of deliberate tax e...
Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
Page of 4826
Press 'Enter' after typing page number.
1 to 20 of 96510 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
SC dismissed the appeal and rejected the Section 7 invocation, holding the appellant was not a financial creditor. The Court found the cumulative redeemable preference shares constituted share capital, not a loan, and dividends depend on profits; amounts paid on CRPS do not qualify as debt. Redemption had not become due because there were no profits, reserves or fresh-issue proceeds for redemption, so no default under Section 3(12) arose. The prior liability stood extinguished on issuance of CRPS, converting the relationship into that of a preference shareholder, and there was no commercial effect of borrowing. Consequently, the Section 7 application was unsustainable and the appeal was dismissed.
SC dismissed the appeal and rejected the Section 7 invocation, holding the appellant was not a financial creditor. The Court found the cumulative redeemable preference shares constituted share capital, not a loan, and dividends depend on profits; amounts paid on CRPS do not qualify as debt. Redemption had not become due because there were no profits, reserves or fresh-issue proceeds for redemption, so no default under Section 3(12) arose. The prior liability stood extinguished on issuance of CRPS, converting the relationship into that of a preference shareholder, and there was no commercial effect of borrowing. Consequently, the Section 7 application was unsustainable and the appeal was dismissed.
Note: It is a system-generated summary and is for quick reference only.