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...
A pre-CIRP concession agreement that had already been terminated could not be compelled to revive through an approved resolution plan or a later implementation order, because it no longer formed part of the CIRP estate in a manner permitting such direction. The NCLAT held that the Adjudicating Authority had exceeded its permissible scope by directing the appellant, who was not a CIRP participant, to act on the plan insofar as it required revival of the agreement. The order was modified to remove any such direction, while the parties were left free to pursue conciliation or arbitration in accordance with law.
A pre-CIRP concession agreement that had already been terminated could not be compelled to revive through an approved resolution plan or a later implementation order, because it no longer formed part of the CIRP estate in a manner permitting such direction. The NCLAT held that the Adjudicating Authority had exceeded its permissible scope by directing the appellant, who was not a CIRP participant, to act on the plan insofar as it required revival of the agreement. The order was modified to remove any such direction, while the parties were left free to pursue conciliation or arbitration in accordance with law.
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