Toy balloon tariff classification: functional heading prevails over residual rubber and festive article headings, supporting penalties for deliberate ...
Customs valuation using comparable contemporaneous imports can displace declared value, while missing speaking orders require pursuit before competent...
Foreign customs declarations and importer admissions established undervaluation, supporting sequential value redetermination, differential duty, and m...
Customs seizure safeguards prevent detention-based limitation avoidance and invalidate provisional release conditions for imported vehicles under an i...
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The Appellate Tribunal (NCLAT) dismissed the company appeal as time-barred, holding the appellant could not invoke Section 14 Limitation Act to exclude periods spent litigating a commercial suit which he instituted and pursued to final judgment on 05.10.2021. The tribunal found the appellant had constructive knowledge of the alleged wrongful transfer of 500 shares on 11.05.2016, rendering proceedings under Section 59 Companies Act barred by the limitation period read with Sections 3 and 5 Limitation Act. The earlier Commercial Court judgment operating as constructive res judicata precludes relief; no extension of limitation was warranted and the appeal was accordingly dismissed.
The Appellate Tribunal (NCLAT) dismissed the company appeal as time-barred, holding the appellant could not invoke Section 14 Limitation Act to exclude periods spent litigating a commercial suit which he instituted and pursued to final judgment on 05.10.2021. The tribunal found the appellant had constructive knowledge of the alleged wrongful transfer of 500 shares on 11.05.2016, rendering proceedings under Section 59 Companies Act barred by the limitation period read with Sections 3 and 5 Limitation Act. The earlier Commercial Court judgment operating as constructive res judicata precludes relief; no extension of limitation was warranted and the appeal was accordingly dismissed.
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