Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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Section 95 insolvency proceedings are confined to the individual personal guarantor named in the application, and the creditor may choose the respondent. A person who is neither a guarantor in that proceeding nor a party to the guarantee contract is not a necessary party and has no right of intervention, recall, or stay merely because he asserts coparcenary or succession claims in the property of another deceased guarantor. Those private property claims must be pursued in independent civil remedies, not decided within Section 95 proceedings. The Appellate Tribunal therefore dismissed the company appeals and upheld rejection of the intervention and consequential applications.
Section 95 insolvency proceedings are confined to the individual personal guarantor named in the application, and the creditor may choose the respondent. A person who is neither a guarantor in that proceeding nor a party to the guarantee contract is not a necessary party and has no right of intervention, recall, or stay merely because he asserts coparcenary or succession claims in the property of another deceased guarantor. Those private property claims must be pursued in independent civil remedies, not decided within Section 95 proceedings. The Appellate Tribunal therefore dismissed the company appeals and upheld rejection of the intervention and consequential applications.
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