Pre-trial bail granted where custodial period, documentary prosecution, and magistrate-triable offence favor release subject to surety and no witness ...
Allowability of Salary Exemptions: Form 16 entries can substantiate HRA and other salary exemptions, and home loan interest is deductible for a self-o...
Capital gains exemption: payment for plot, architect fees and bona fide commencement of construction can satisfy utilisation requirement and secure re...
Approval of a resolution plan under Section 31(1) of the IBC renders the plan binding and extinguishes claims not included in it, so an unresolved counterclaim cannot be pursued for affirmative relief after CIRP. However, reading paragraph 12.4.1 of the plan, the Court found no express or implied bar on a defensive plea of set-off, applying expressio unius est exclusio alterius to reject a broader exclusion. The respondent may therefore rely on set-off only to reduce or defeat the appellant's claim, without any positive recovery or surplus amount, and the ruling is confined to the wording of the plan and the facts stated.
Approval of a resolution plan under Section 31(1) of the IBC renders the plan binding and extinguishes claims not included in it, so an unresolved counterclaim cannot be pursued for affirmative relief after CIRP. However, reading paragraph 12.4.1 of the plan, the Court found no express or implied bar on a defensive plea of set-off, applying expressio unius est exclusio alterius to reject a broader exclusion. The respondent may therefore rely on set-off only to reduce or defeat the appellant's claim, without any positive recovery or surplus amount, and the ruling is confined to the wording of the plan and the facts stated.
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