Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Section 41 of the Contract Act does not operate to discharge the corporate debtor where alleged third party promises or partial payments were not accepted as actual performance; the pleaded payments and a unilateral letter did not extinguish liability. There was no valid novation or substituted contract because the alleged no objection letter was unilateral, lacked consideration and was not binding, so original liability survives. Internal inter se arrangements among group entities do not create a pre existing dispute with the operational creditor to defeat a Section 9 petition. Observations suggesting criminality were found inappropriate and deleted. Admission of the Section 9 petition was upheld, with an opportunity to pay within 30 days for withdrawal under Section 12A.
Section 41 of the Contract Act does not operate to discharge the corporate debtor where alleged third party promises or partial payments were not accepted as actual performance; the pleaded payments and a unilateral letter did not extinguish liability. There was no valid novation or substituted contract because the alleged no objection letter was unilateral, lacked consideration and was not binding, so original liability survives. Internal inter se arrangements among group entities do not create a pre existing dispute with the operational creditor to defeat a Section 9 petition. Observations suggesting criminality were found inappropriate and deleted. Admission of the Section 9 petition was upheld, with an opportunity to pay within 30 days for withdrawal under Section 12A.
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