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...
Section 33(5) of the IBC does not bar a liquidator from defending suits instituted before the liquidation order; consequently pending suits instituted prior to liquidation remain triable by civil courts. The liquidator may be impleaded to defend or prosecute such proceedings, and the trial court erred in refusing impleadment and in holding the suit non maintainable. The bar in Section 63 is inapplicable to recovery of unpaid wages brought before a civil court where NCLT/NCLAT lack jurisdiction. Priority under Section 53 gives 24 month workmen's dues precedence but does not extinguish claims beyond that period nor strip civil courts of jurisdiction to adjudicate them.
Section 33(5) of the IBC does not bar a liquidator from defending suits instituted before the liquidation order; consequently pending suits instituted prior to liquidation remain triable by civil courts. The liquidator may be impleaded to defend or prosecute such proceedings, and the trial court erred in refusing impleadment and in holding the suit non maintainable. The bar in Section 63 is inapplicable to recovery of unpaid wages brought before a civil court where NCLT/NCLAT lack jurisdiction. Priority under Section 53 gives 24 month workmen's dues precedence but does not extinguish claims beyond that period nor strip civil courts of jurisdiction to adjudicate them.
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