Post-search scrutiny assessment remains available where original assessment limitation is unexpired, permitting timely completion under regular assess...
Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
An ex parte ad interim injunction restraining a statutory director-removal process was held maintainable in appeal, but the injunction itself was unsustainable. The court held that director status under Section 2(34) is functional and does not depend on shareholding; once appointed and filed in office, the person remains subject to removal under Section 169. It further held that Section 430 barred civil court interference with internal corporate action, and lack of locus before the tribunal did not revive civil jurisdiction because a waiver route was available. The injunction also failed because the order gave no reasoned satisfaction on prima facie case, balance of convenience, and irreparable injury.
An ex parte ad interim injunction restraining a statutory director-removal process was held maintainable in appeal, but the injunction itself was unsustainable. The court held that director status under Section 2(34) is functional and does not depend on shareholding; once appointed and filed in office, the person remains subject to removal under Section 169. It further held that Section 430 barred civil court interference with internal corporate action, and lack of locus before the tribunal did not revive civil jurisdiction because a waiver route was available. The injunction also failed because the order gave no reasoned satisfaction on prima facie case, balance of convenience, and irreparable injury.
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