Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Straight-line lease rental accounting change results in penalty quashed where disclosed accounts and bona fide arguable accounting interpretation exis...
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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.
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