Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
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...
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The HC allowed enforcement of the foreign arbitral award against the respondents, holding that objections under Section 48 were untenable. The Court found the award did not direct a company "buyback of shares" and rejected attempts to treat surrender of shares as such. Challenges based on the doctrine of election, alleged contravention of Section 16(b) or Sections 10(b)/14(1)(a)/20 of the Specific Relief Act, waiver, improper delegation, non-consideration of material issues, and alleged fraud were dismissed as merits-based re-appraisals improper in enforcement proceedings or as insufficiently pleaded. Transnational issue-estoppel and comity considerations were acknowledged, but did not preclude enforcement; petition dismissed and award declared enforceable under Sections 47-49.
The HC allowed enforcement of the foreign arbitral award against the respondents, holding that objections under Section 48 were untenable. The Court found the award did not direct a company "buyback of shares" and rejected attempts to treat surrender of shares as such. Challenges based on the doctrine of election, alleged contravention of Section 16(b) or Sections 10(b)/14(1)(a)/20 of the Specific Relief Act, waiver, improper delegation, non-consideration of material issues, and alleged fraud were dismissed as merits-based re-appraisals improper in enforcement proceedings or as insufficiently pleaded. Transnational issue-estoppel and comity considerations were acknowledged, but did not preclude enforcement; petition dismissed and award declared enforceable under Sections 47-49.
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