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...
Insolvency law's overriding effect and the clean slate doctrine require that municipal dues be treated as operational debts and be presented to the liquidator for participation in the liquidation waterfall; purchasers at liquidation sales or successful resolution applicants are not liable for pre sale statutory liabilities unless the authority lodged a claim and the debt qualified as a secured interest. Contractual clauses like "as is where is" cannot preserve a municipal charge extinguished or subordinated under the Code. Retrospective revaluation or assessment against post sale purchasers who did not know of or claim the dues is not enforceable, and the impugned assessment notices were set aside with the writ allowed.
Insolvency law's overriding effect and the clean slate doctrine require that municipal dues be treated as operational debts and be presented to the liquidator for participation in the liquidation waterfall; purchasers at liquidation sales or successful resolution applicants are not liable for pre sale statutory liabilities unless the authority lodged a claim and the debt qualified as a secured interest. Contractual clauses like "as is where is" cannot preserve a municipal charge extinguished or subordinated under the Code. Retrospective revaluation or assessment against post sale purchasers who did not know of or claim the dues is not enforceable, and the impugned assessment notices were set aside with the writ allowed.
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