Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
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...
Withdrawal of a Section 9 insolvency petition on the basis of settlement brings the lis to an end, and restoration is not maintainable unless the withdrawal order expressly reserves that liberty. The NCLAT held that a settlement, once acted on through consensual withdrawal, is executable as a concluded arrangement, but the law of restoration applicable to dismissed-for-default matters does not apply. Breach of settlement terms does not amount to a fresh operational debt default justifying revival of the concluded insolvency proceeding; the proper remedy lies in enforcement or recovery before the appropriate forum in accordance with law. The appeal against rejection of restoration was therefore upheld.
Withdrawal of a Section 9 insolvency petition on the basis of settlement brings the lis to an end, and restoration is not maintainable unless the withdrawal order expressly reserves that liberty. The NCLAT held that a settlement, once acted on through consensual withdrawal, is executable as a concluded arrangement, but the law of restoration applicable to dismissed-for-default matters does not apply. Breach of settlement terms does not amount to a fresh operational debt default justifying revival of the concluded insolvency proceeding; the proper remedy lies in enforcement or recovery before the appropriate forum in accordance with law. The appeal against rejection of restoration was therefore upheld.
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