Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
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An insolvency application filed in the name of a company that had already amalgamated and ceased to exist was held not maintainable because the applicant lacked any subsisting juristic existence on the date of institution. The earlier scheme approving amalgamation had dissolved the transferor company without winding up, and a later order on the effective date did not revive juristic status in the name used for the Section 9 filing. In the absence of material showing that the named applicant continued in law when proceedings were initiated, dismissal of the company petition as not maintainable was affirmed.
An insolvency application filed in the name of a company that had already amalgamated and ceased to exist was held not maintainable because the applicant lacked any subsisting juristic existence on the date of institution. The earlier scheme approving amalgamation had dissolved the transferor company without winding up, and a later order on the effective date did not revive juristic status in the name used for the Section 9 filing. In the absence of material showing that the named applicant continued in law when proceedings were initiated, dismissal of the company petition as not maintainable was affirmed.
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