Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
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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