Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Interrogatories are maintainable in oppression and mismanagement proceedings when they seek material facts directly connected with the pleaded allegations, and discovery and inspection may be ordered under the Companies Act, the Companies (Court) Rules and the Company Law Board Regulations read with the CPC. The court treated interrogatories on transfer of business, sale of assets, alternate land and stoppage of business as relevant and not a fishing, vexatious, oppressive or scandalous enquiry. Rejection on delay was unsustainable because the application was moved after pleadings were completed and no limitation applied. The rejection was set aside and the respondents were directed to answer the interrogatories.
Interrogatories are maintainable in oppression and mismanagement proceedings when they seek material facts directly connected with the pleaded allegations, and discovery and inspection may be ordered under the Companies Act, the Companies (Court) Rules and the Company Law Board Regulations read with the CPC. The court treated interrogatories on transfer of business, sale of assets, alternate land and stoppage of business as relevant and not a fishing, vexatious, oppressive or scandalous enquiry. Rejection on delay was unsustainable because the application was moved after pleadings were completed and no limitation applied. The rejection was set aside and the respondents were directed to answer the interrogatories.
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