Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
NCLAT held that initiation of perjury proceedings requires prima facie proof of a deliberate falsehood on a matter of substance, supported by distinct evidence and not mere suspicion. The resolution professional's reply affidavit, filed in defence of the CIRP steps and in response to an attempt to reopen the approved plan, did not disclose mala fides or any deceptive statement amounting to perjury, so rejection of that application was upheld. It also affirmed that an approved resolution plan under the IBC is binding on all stakeholders, and that belated attempts to unsettle an unchallenged, implemented plan were frivolous, justifying costs for abuse of process.
NCLAT held that initiation of perjury proceedings requires prima facie proof of a deliberate falsehood on a matter of substance, supported by distinct evidence and not mere suspicion. The resolution professional's reply affidavit, filed in defence of the CIRP steps and in response to an attempt to reopen the approved plan, did not disclose mala fides or any deceptive statement amounting to perjury, so rejection of that application was upheld. It also affirmed that an approved resolution plan under the IBC is binding on all stakeholders, and that belated attempts to unsettle an unchallenged, implemented plan were frivolous, justifying costs for abuse of process.
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