Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
HC, in revisional jurisdiction under Section 115 CPC, set aside the trial court's order refusing rejection of the plaint under Order VII Rule 11 CPC. It held that the suit, challenging alleged forged and ante-dated shareholders' agreements, board resolutions and share transfer documents, is barred by Section 430 of the Companies Act, 2013, as the core issues are already agitated in a pending company petition before NCLT, which is competent to examine allegations of forgery and fraud integral to company affairs. To avoid multiplicity and conflicting findings, the plaint was rejected as not maintainable; other objections were left open.
HC, in revisional jurisdiction under Section 115 CPC, set aside the trial court's order refusing rejection of the plaint under Order VII Rule 11 CPC. It held that the suit, challenging alleged forged and ante-dated shareholders' agreements, board resolutions and share transfer documents, is barred by Section 430 of the Companies Act, 2013, as the core issues are already agitated in a pending company petition before NCLT, which is competent to examine allegations of forgery and fraud integral to company affairs. To avoid multiplicity and conflicting findings, the plaint was rejected as not maintainable; other objections were left open.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4824 
Join Channel 
