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...
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A sanctioned scheme of arrangement, approved with requisite creditor consent, operates as a binding novation that resolves antecedent debt and precludes initiation of insolvency proceedings under Section 7 when sanction predates the admission; Section 391(3) and (6) principles bind parties and stay coercive action. Where objections and a stay on recall of sanction were pending before a higher bench and the petitioner failed to disclose the sanction, the adjudicating authority should have deferred exercising its discretionary power under Section 7 until appellate disposal. Consequently the admission under Section 7 was set aside while the Section 7 petition is to be kept pending for reconsideration after the appellate outcome.
A sanctioned scheme of arrangement, approved with requisite creditor consent, operates as a binding novation that resolves antecedent debt and precludes initiation of insolvency proceedings under Section 7 when sanction predates the admission; Section 391(3) and (6) principles bind parties and stay coercive action. Where objections and a stay on recall of sanction were pending before a higher bench and the petitioner failed to disclose the sanction, the adjudicating authority should have deferred exercising its discretionary power under Section 7 until appellate disposal. Consequently the admission under Section 7 was set aside while the Section 7 petition is to be kept pending for reconsideration after the appellate outcome.
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