Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
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Whether spectrum licensing rights fall within the corporate insolvency estate under the IBC: the article states that spectrum is a public resource held in trust and that Spectrum Trading Guidelines reserve comprehensive supervisory and corrective control to the State (including annulment of trades and recovery of dues), showing trading is a conditional privilege rather than a transferred proprietary title. IBC applies only to assets owned by the corporate debtor as recorded; mere recognition of licensing rights in financial statements does not create ownership. Consequently, telecom statutes and regulatory regime occupy the legal province over spectrum and spectrum licensing rights cannot be subjected to IBC proceedings.
Whether spectrum licensing rights fall within the corporate insolvency estate under the IBC: the article states that spectrum is a public resource held in trust and that Spectrum Trading Guidelines reserve comprehensive supervisory and corrective control to the State (including annulment of trades and recovery of dues), showing trading is a conditional privilege rather than a transferred proprietary title. IBC applies only to assets owned by the corporate debtor as recorded; mere recognition of licensing rights in financial statements does not create ownership. Consequently, telecom statutes and regulatory regime occupy the legal province over spectrum and spectrum licensing rights cannot be subjected to IBC proceedings.
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