Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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Recall under Rule 11 of the NCLT Rules was held confined to apparent procedural or similar infirmity in the order itself and could not be used to reopen a merits decision. The Tribunal treated a recall application based on later-discovered documents as a disguised attempt to seek review, which the Code does not permit, and held that subsequent material cannot justify recalling an order passed on merits. It also held that once the original section 9 order had been affirmed in appeal, it could not thereafter be reopened by recall. The appeal was dismissed and rejection of the recall application upheld.
Recall under Rule 11 of the NCLT Rules was held confined to apparent procedural or similar infirmity in the order itself and could not be used to reopen a merits decision. The Tribunal treated a recall application based on later-discovered documents as a disguised attempt to seek review, which the Code does not permit, and held that subsequent material cannot justify recalling an order passed on merits. It also held that once the original section 9 order had been affirmed in appeal, it could not thereafter be reopened by recall. The appeal was dismissed and rejection of the recall application upheld.
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