Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
IBC's overriding effect was held to displace inconsistent contractual or prior statutory claims, and the approved resolution plan was binding on all stakeholders, including shareholders and the State. A shareholder of the corporate debtor had no independent right in project or leasehold assets, so dilution of that interest under the CIRP was a statutory insolvency consequence, not a violation of Article 300A. The Court also rejected Article 14 and plan-modification objections, holding that retention of the operator fell within commercial discretion and supported going-concern continuity. Fresh tender and FDI-based challenges were declined as matters within the insolvency framework and regulatory domain. Re-litigation was treated as abuse of process, and costs were upheld.
IBC's overriding effect was held to displace inconsistent contractual or prior statutory claims, and the approved resolution plan was binding on all stakeholders, including shareholders and the State. A shareholder of the corporate debtor had no independent right in project or leasehold assets, so dilution of that interest under the CIRP was a statutory insolvency consequence, not a violation of Article 300A. The Court also rejected Article 14 and plan-modification objections, holding that retention of the operator fell within commercial discretion and supported going-concern continuity. Fresh tender and FDI-based challenges were declined as matters within the insolvency framework and regulatory domain. Re-litigation was treated as abuse of process, and costs were upheld.
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