Pari Passu
By an equal progress; equably; without preference.
creditors who, in marshalling assets, are entitled to receive out of the same fund without any precedence over each other.
A broad analogy, though in itself may not be conclusive, is furnished by the idea of "mutual dealings" and the principle of set-off statutorily recognized in bankruptcy proceedings under section 46 of the Provincial Insolvency Act and attracted also to proceedings for winding up of companies by virtue of section 529 of the Companies Act, 1956, where the 'mutual credit' clause steps in to avoid the injustice, which would otherwise arise, of compelling a creditor to pay the official assignee the full amount of the debt due from him to the insolvent, while the creditor would, perhaps, only receive a small dividend on the debt due from the insolvent to him under a pari passu payment -
Section 11A is a recovery provision and the two Sections 11A and 11B, although in a sense complementary, are not really pari passu. Section 11A provides for two different time-limits for recovery which is absent in Section 11B. – CESTAT
Income tax payable being a debt has to rank pari passu with other debts due from the company
Whatever course is open to the appellate authority while disposing of an appeal would apply pari passu to an application made under Section 35E and this would include the power to condone the delay also
“What was originally a forgery would remain null and void forever and it would not acquire legal validity at any time by whatever process of sanctification subsequently done on it. Forgery is antithesis to legality and law cannot afford to validate a forgery.”
Supreme Court of India in New India Assurance Co. Vs. Kamla
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