Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Section 29A(f) of the Insolvency and Bankruptcy Code applies where there is an operative SEBI order prohibiting a person from accessing the securities market or trading in securities. Because the appellant fell within the class covered by the 26.06.2018 SEBI prohibition, and that order had neither been set aside nor successfully challenged, the Adjudicating Authority was not required to examine its correctness or validity in insolvency proceedings. Authorities on Companies Act disqualification and moratorium-based recovery were inapplicable. The appellant was therefore ineligible to submit a resolution plan, and rejection of the application was upheld.
Section 29A(f) of the Insolvency and Bankruptcy Code applies where there is an operative SEBI order prohibiting a person from accessing the securities market or trading in securities. Because the appellant fell within the class covered by the 26.06.2018 SEBI prohibition, and that order had neither been set aside nor successfully challenged, the Adjudicating Authority was not required to examine its correctness or validity in insolvency proceedings. Authorities on Companies Act disqualification and moratorium-based recovery were inapplicable. The appellant was therefore ineligible to submit a resolution plan, and rejection of the application was upheld.
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