Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
The High Court permitted implementation of the sanctioned scheme of arrangement to address investor grievances and act on the enforcement authority's stand, but held that a civil forum could not incorporate or approve a covenant requiring joint applications to quash, compound, dismiss or discharge criminal proceedings. The alleged offences were serious and had to proceed to their logical conclusion before the competent criminal court. Lifting of attachment and disbursement to investors under the scheme were allowed, but expressly without diluting, affecting or terminating the pending criminal prosecution, which was directed to continue independently.
The High Court permitted implementation of the sanctioned scheme of arrangement to address investor grievances and act on the enforcement authority's stand, but held that a civil forum could not incorporate or approve a covenant requiring joint applications to quash, compound, dismiss or discharge criminal proceedings. The alleged offences were serious and had to proceed to their logical conclusion before the competent criminal court. Lifting of attachment and disbursement to investors under the scheme were allowed, but expressly without diluting, affecting or terminating the pending criminal prosecution, which was directed to continue independently.
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