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...
Execution of a subsisting money decree before the tribunal was held to be governed by Order XXI Rule 11 CPC, which confines the executing forum to modalities of execution, including fixation of instalments. Form NCLT-8, as subordinate legislation, cannot enlarge or override the CPC scheme; in any event, Order XXI Rule 11 permits execution even on an oral application, so a separate formal execution application in Form NCLT-8 is not invariably mandatory. An incorrect statutory reference was held not to vitiate execution proceedings when the relief sought is otherwise legally available. Given the rigid regime for money decrees and the requirement of security for stay under Order XLI Rule 5 CPC (read with Section 424(3) of the Companies Act), the appeal was dismissed - NCLAT
Execution of a subsisting money decree before the tribunal was held to be governed by Order XXI Rule 11 CPC, which confines the executing forum to modalities of execution, including fixation of instalments. Form NCLT-8, as subordinate legislation, cannot enlarge or override the CPC scheme; in any event, Order XXI Rule 11 permits execution even on an oral application, so a separate formal execution application in Form NCLT-8 is not invariably mandatory. An incorrect statutory reference was held not to vitiate execution proceedings when the relief sought is otherwise legally available. Given the rigid regime for money decrees and the requirement of security for stay under Order XLI Rule 5 CPC (read with Section 424(3) of the Companies Act), the appeal was dismissed - NCLAT
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