Educational approval requires mandatory State registration, but incidental surplus and trustee-owned land do not prove private benefit or profit motiv...
Judicial review of settlement orders cannot reopen settled customs notices, while statutory interest remains subject to verification and quantificatio...
Customs Broker licence lending for consideration justified revocation where exporter authorisation and client verification obligations were also breac...
Fraudulent import documents suspend limitation protection, while redemption of confiscated goods requires duty and interest despite bona fide purchase...
ODR arbitration participation remains mandatory after failed conciliation, while jurisdictional and maintainability objections stay available before t...
Transparency in technical bid evaluation requires disclosed standards and recorded reasons; opaque scoring invalidated tender awards and required fres...
Automated export obligation extensions remove separate regional applications after committee approval for Advance Authorisation and EPCG authorisation...
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Section 65 of the IBC permits termination of CIRP where initiation is shown to be fraudulent or malicious, but only on specific pleadings and supporting material. The NCLAT held that the provision can be invoked even after a Section 7 admission order attains finality, yet it cannot be used to reopen the earlier finding on debt and default. On the facts, the bank relied on the same assignment-based contention already considered in the Section 7 proceedings, and the record did not show collusion, fraud or malicious intent. The forensic audit direction was also set aside because no such relief had been sought and it was unnecessary once Section 65 relief was refused.
Section 65 of the IBC permits termination of CIRP where initiation is shown to be fraudulent or malicious, but only on specific pleadings and supporting material. The NCLAT held that the provision can be invoked even after a Section 7 admission order attains finality, yet it cannot be used to reopen the earlier finding on debt and default. On the facts, the bank relied on the same assignment-based contention already considered in the Section 7 proceedings, and the record did not show collusion, fraud or malicious intent. The forensic audit direction was also set aside because no such relief had been sought and it was unnecessary once Section 65 relief was refused.
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