Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
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...
The dominant issue was whether a director without shareholding or express company authorization had locus standi to sue for injunctions restraining others from exercising shareholder/director rights and to effectively litigate alleged corporate wrongs. The court held that a company is a distinct legal entity and any action for wrongs to the company must be instituted by the company itself or by a duly authorized person; the plaintiff's only privity was a loan agreement already repaid and no relief was founded on it. As the suit impermissibly sought interference in internal corporate governance without authorization, the plaint disclosed no cause of action and was liable to rejection under Order VII Rule 11(a) CPC; the suit was dismissed. - HC
The dominant issue was whether a director without shareholding or express company authorization had locus standi to sue for injunctions restraining others from exercising shareholder/director rights and to effectively litigate alleged corporate wrongs. The court held that a company is a distinct legal entity and any action for wrongs to the company must be instituted by the company itself or by a duly authorized person; the plaintiff's only privity was a loan agreement already repaid and no relief was founded on it. As the suit impermissibly sought interference in internal corporate governance without authorization, the plaint disclosed no cause of action and was liable to rejection under Order VII Rule 11(a) CPC; the suit was dismissed. - HC
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