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...
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
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