Reverse charge and assignment of royalty collection: exemption for excess royalty collectors subject to reconciliation; leaseholders remain liable und...
Authorization requirements for customs brokers and benami shipping bills: tribunal upholds licence revocation and penalties after COVID time limit fou...
Eligibility for notification exemption on imported fertilizers challenged; penalty, interest and confiscation set aside after voluntary payment and no...
The dominant issue was whether a civil suit challenging an allegedly oppressive EOGM and consequential corporate actions was maintainable in view of the Companies Act, 2013. Since Section 242 vests the NCLT with power to grant appropriate reliefs to end oppression/mismanagement, and Section 430 bars civil court jurisdiction over matters the NCLT is empowered to determine, the court held that the plaint's real cause of action and reliefs fell within the NCLT's domain; consequently, the civil suit was not maintainable and the appeal was disposed of by affirming the dismissal for want of civil court jurisdiction - HC
The dominant issue was whether a civil suit challenging an allegedly oppressive EOGM and consequential corporate actions was maintainable in view of the Companies Act, 2013. Since Section 242 vests the NCLT with power to grant appropriate reliefs to end oppression/mismanagement, and Section 430 bars civil court jurisdiction over matters the NCLT is empowered to determine, the court held that the plaint's real cause of action and reliefs fell within the NCLT's domain; consequently, the civil suit was not maintainable and the appeal was disposed of by affirming the dismissal for want of civil court jurisdiction - HC
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
