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...
An Article 227 petition may be maintainable against an arbitral tribunal's rejection of a jurisdictional objection under Section 16 where the dispute is non-arbitrable or subject to an exclusive statutory mechanism, despite the absence of an appeal under Section 37. Company restructuring, asset division, management changes and share-related reliefs concerning companies not party to an MOU fall within the National Company Law Tribunal's exclusive jurisdiction under the Companies Act. Such intra-company disputes may affect minority shareholders and third parties, constitute actions in rem, and cannot be made arbitrable through a personal contract between individuals. Arbitral proceedings concerning the companies were terminated, while remedies before the NCLT remained available.
An Article 227 petition may be maintainable against an arbitral tribunal's rejection of a jurisdictional objection under Section 16 where the dispute is non-arbitrable or subject to an exclusive statutory mechanism, despite the absence of an appeal under Section 37. Company restructuring, asset division, management changes and share-related reliefs concerning companies not party to an MOU fall within the National Company Law Tribunal's exclusive jurisdiction under the Companies Act. Such intra-company disputes may affect minority shareholders and third parties, constitute actions in rem, and cannot be made arbitrable through a personal contract between individuals. Arbitral proceedings concerning the companies were terminated, while remedies before the NCLT remained available.
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