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...
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A party instituted a civil declaratory suit challenging initiation of CIRP, disputing existence of a legally enforceable debt and alleging fraud/forgery in documents including an assignment deed, while seeking to bypass the IBC framework. The Court held that although the NCLT, while admitting a Section 7 application, cannot adjudicate pre-existing disputes about the debt, the IBC vests the NCLT with jurisdiction under Sections 65, 75 and 60(5)(c) read with the NCLT Rules to examine fraud, collusion, and veracity of documents, with consequences extending to continuation of CIRP. The civil suit was an impermissible collateral attack barred by IBC ouster provisions; the plaint was rejected under Order VII Rule 11 CPC - HC
A party instituted a civil declaratory suit challenging initiation of CIRP, disputing existence of a legally enforceable debt and alleging fraud/forgery in documents including an assignment deed, while seeking to bypass the IBC framework. The Court held that although the NCLT, while admitting a Section 7 application, cannot adjudicate pre-existing disputes about the debt, the IBC vests the NCLT with jurisdiction under Sections 65, 75 and 60(5)(c) read with the NCLT Rules to examine fraud, collusion, and veracity of documents, with consequences extending to continuation of CIRP. The civil suit was an impermissible collateral attack barred by IBC ouster provisions; the plaint was rejected under Order VII Rule 11 CPC - HC
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