Alternative statutory remedy under GST bars writ challenge where classification, notice variance, and hearing disputes require factual appellate revie...
Duplicate PAN cancellation timeframe requires prior administrative representation before judicial intervention, ensuring a time-bound decision on the ...
Natural justice and pre-CIRP labour awards protect termination compensation, permitting withdrawal of court deposits despite later insolvency resoluti...
Arbitration of SEZ sub-lease monetary claims preserves rent, maintenance, termination, improvements and damages disputes while unused premises are vac...
Scientific research approval grants a research association tax recognition, subject to annual donor reporting, certification, and regulatory complianc...
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Liquidators may continue eviction or possession proceedings commenced during CIRP where their purpose is to recover and protect corporate debtor assets. Liquidation does not make such proceedings infructuous because the Liquidator has corresponding powers and duties to take custody and control of liquidation-estate property. Possession disputes concerning estate assets may fall within NCLT insolvency jurisdiction where the claim arises directly from liquidation. Unregistered fixed-term leases cannot prove their terms, particularly where occupants are related parties who have not paid rent. Where rent-control procedures obstruct recovery of liquidation-estate assets, the IBC overriding provision permits recovery and eviction without recourse to the Rent Controller.
Liquidators may continue eviction or possession proceedings commenced during CIRP where their purpose is to recover and protect corporate debtor assets. Liquidation does not make such proceedings infructuous because the Liquidator has corresponding powers and duties to take custody and control of liquidation-estate property. Possession disputes concerning estate assets may fall within NCLT insolvency jurisdiction where the claim arises directly from liquidation. Unregistered fixed-term leases cannot prove their terms, particularly where occupants are related parties who have not paid rent. Where rent-control procedures obstruct recovery of liquidation-estate assets, the IBC overriding provision permits recovery and eviction without recourse to the Rent Controller.
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