International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
HC held that disputes arising from the Employment Agreement and associated director fiduciary duties constitute a civil, non-commercial dispute and do not fall within the ambit of "commercial dispute" under Section 2(1)(c) of the Commercial Courts Act, 2015. It further held that Section 430 of the Companies Act does not bar the civil court's jurisdiction, as NCLT lacks competence to adjudicate breaches of personal service contracts, non-compete and confidentiality obligations, or to grant damages and injunctive reliefs sought. The court ruled that the plaint cannot be rejected, in whole or in part, under Order VII Rule 11 CPC at this preliminary stage. The defendant's application under Order VII Rule 11 CPC was dismissed, with liberty to raise objections at trial.
HC held that disputes arising from the Employment Agreement and associated director fiduciary duties constitute a civil, non-commercial dispute and do not fall within the ambit of "commercial dispute" under Section 2(1)(c) of the Commercial Courts Act, 2015. It further held that Section 430 of the Companies Act does not bar the civil court's jurisdiction, as NCLT lacks competence to adjudicate breaches of personal service contracts, non-compete and confidentiality obligations, or to grant damages and injunctive reliefs sought. The court ruled that the plaint cannot be rejected, in whole or in part, under Order VII Rule 11 CPC at this preliminary stage. The defendant's application under Order VII Rule 11 CPC was dismissed, with liberty to raise objections at trial.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4827 
Join Channel 
