Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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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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