Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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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