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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The text addresses the applicability of the moratorium bar on initiating corporate insolvency where the default predated the moratorium, holding the bar inapplicable and a Section 7 application admissible. It clarifies that alleged novation by restructuring did not crystallise due to unmet preconditions and part payments did not discharge the debt, so the adjudicating authority's admission enquiry is limited to existence of financial debt and default. Commercial judgments of the committee of creditors are non-justiciable, and settlement efforts or interim stays cannot obstruct a timely CIRP; specified deposit and guarantee conditions for a temporary stall were vacated.
The text addresses the applicability of the moratorium bar on initiating corporate insolvency where the default predated the moratorium, holding the bar inapplicable and a Section 7 application admissible. It clarifies that alleged novation by restructuring did not crystallise due to unmet preconditions and part payments did not discharge the debt, so the adjudicating authority's admission enquiry is limited to existence of financial debt and default. Commercial judgments of the committee of creditors are non-justiciable, and settlement efforts or interim stays cannot obstruct a timely CIRP; specified deposit and guarantee conditions for a temporary stall were vacated.
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