Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
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Section 14 moratorium under the IB Code applies only to the corporate debtor against whom CIRP has been initiated, so it cannot bar proceedings against a separate principal borrower who is not subject to insolvency proceedings. The Court held that the corporate guarantor's insolvency and possible resolution do not extinguish the borrower's independent liability to the creditor, and the suit could proceed against the borrower. Section 96 interim moratorium for personal guarantors was also confined to the debts of those guarantors and could not be extended to protect the principal borrower. The suit was therefore stayed only against the corporate and personal guarantors, and continued against the borrower.
Section 14 moratorium under the IB Code applies only to the corporate debtor against whom CIRP has been initiated, so it cannot bar proceedings against a separate principal borrower who is not subject to insolvency proceedings. The Court held that the corporate guarantor's insolvency and possible resolution do not extinguish the borrower's independent liability to the creditor, and the suit could proceed against the borrower. Section 96 interim moratorium for personal guarantors was also confined to the debts of those guarantors and could not be extended to protect the principal borrower. The suit was therefore stayed only against the corporate and personal guarantors, and continued against the borrower.
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