Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Whether proceedings could continue against the successful resolution applicant after approval of a resolution plan: relying on Supreme Court precedent that once a resolution plan is approved under Section 31(1) all claims not included in the plan are extinguished, the court held that pending adjudication of such claims cannot be continued; accordingly statutory moratorium's purpose prevents revival of excluded claims and even applications for reinstatement without back wages are barred - consequence: the labour and tribunal proceedings were terminated and impugned orders were quashed, and the petitions were allowed. - HC
Whether proceedings could continue against the successful resolution applicant after approval of a resolution plan: relying on Supreme Court precedent that once a resolution plan is approved under Section 31(1) all claims not included in the plan are extinguished, the court held that pending adjudication of such claims cannot be continued; accordingly statutory moratorium's purpose prevents revival of excluded claims and even applications for reinstatement without back wages are barred - consequence: the labour and tribunal proceedings were terminated and impugned orders were quashed, and the petitions were allowed. - HC
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