Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
To establish fraudulent trading the tribunal must find transactions knowingly made with dishonest intent to defraud creditors, while wrongful trading targets directors or partners who knew or ought to have known insolvency was inevitable and failed to minimize creditor loss; the tribunal applied these distinct standards and found false entries and collusion between the corporate debtor and the counterparty, concluding receivables were wiped out without actual sales. Evidence met the civil standard of preponderance of probability on these facts, relevant earlier appellate and Supreme Court affirmations were noted, and the appeal was dismissed with the direction for contribution to the corporate debtor's assets.
To establish fraudulent trading the tribunal must find transactions knowingly made with dishonest intent to defraud creditors, while wrongful trading targets directors or partners who knew or ought to have known insolvency was inevitable and failed to minimize creditor loss; the tribunal applied these distinct standards and found false entries and collusion between the corporate debtor and the counterparty, concluding receivables were wiped out without actual sales. Evidence met the civil standard of preponderance of probability on these facts, relevant earlier appellate and Supreme Court affirmations were noted, and the appeal was dismissed with the direction for contribution to the corporate debtor's assets.
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