Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
Section 32A IBC extinguishes a corporate debtor's criminal liability only from the date an approved resolution plan effects a change of management/control to persons unconnected with prior management; the immunity is conditional and aimed at a new management, not past wrongdoers, and therefore was unavailable where no plan was approved. Separately, Section 14 IBC's moratorium merely suspends initiation or continuation of proceedings during CIRP and does not extinguish ongoing criminal liability; consequently the petition for suspension of sentence was dismissed as neither Section 32A nor the moratorium entitled the appellant to relief.
Section 32A IBC extinguishes a corporate debtor's criminal liability only from the date an approved resolution plan effects a change of management/control to persons unconnected with prior management; the immunity is conditional and aimed at a new management, not past wrongdoers, and therefore was unavailable where no plan was approved. Separately, Section 14 IBC's moratorium merely suspends initiation or continuation of proceedings during CIRP and does not extinguish ongoing criminal liability; consequently the petition for suspension of sentence was dismissed as neither Section 32A nor the moratorium entitled the appellant to relief.
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