Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
Moratorium under the insolvency code does not extend to the personal guarantor's secured property; SARFAESI action against a guarantor may proceed despite a moratorium declared for the corporate debtor, and this view aligns with Supreme Court precedent. Separately, an appeal under the Contempt of Courts Act is maintainable only from an order imposing punishment for contempt; a contempt petition dismissed in limine is not an exercise of punitive contempt jurisdiction and therefore is not appealable under Section 19. Applying these principles, the appellate tribunal found the contempt appeal not maintainable and dismissed it.
Moratorium under the insolvency code does not extend to the personal guarantor's secured property; SARFAESI action against a guarantor may proceed despite a moratorium declared for the corporate debtor, and this view aligns with Supreme Court precedent. Separately, an appeal under the Contempt of Courts Act is maintainable only from an order imposing punishment for contempt; a contempt petition dismissed in limine is not an exercise of punitive contempt jurisdiction and therefore is not appealable under Section 19. Applying these principles, the appellate tribunal found the contempt appeal not maintainable and dismissed it.
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