Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
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Section 430 bars civil court jurisdiction where the relief sought falls within matters the Tribunal is empowered to decide. Reading the oppression and mismanagement provisions together, the court held that the NCLT can regulate company affairs on an interim basis and grant incidental equitable relief, including injunctions, when the complained-of acts concern company accounts, records or evidence. Allegations framed as unauthorised access, alteration of records or tampering did not take the dispute outside the Tribunal's remit because they were integral to the oppression and mismanagement controversy. The civil suit sought no independent relief beyond that dispute, so the civil court lacked jurisdiction and the trial court's refusal of interim relief was restored.
Section 430 bars civil court jurisdiction where the relief sought falls within matters the Tribunal is empowered to decide. Reading the oppression and mismanagement provisions together, the court held that the NCLT can regulate company affairs on an interim basis and grant incidental equitable relief, including injunctions, when the complained-of acts concern company accounts, records or evidence. Allegations framed as unauthorised access, alteration of records or tampering did not take the dispute outside the Tribunal's remit because they were integral to the oppression and mismanagement controversy. The civil suit sought no independent relief beyond that dispute, so the civil court lacked jurisdiction and the trial court's refusal of interim relief was restored.
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