Admissibility of inquiry statements and electronic printouts in customs adjudication requires witness examination and cross-examination before relianc...
Money laundering property attachment and third-party encumbrance rights clarified; prior bona fide interests enforceable before confiscation, appeals ...
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An interim direction for forensic audit during pendency of a petition under ss. 241-242 of the Companies Act, 2013 was challenged on the ground that no specific relief for audit was sought and no prima facie finding of oppression or mismanagement was recorded. The tribunal held that s. 242(4) confers discretionary interim powers, and the petition contained allegations of mismanagement and siphoning of funds, with intense inter se hostility and counter-allegations. Since the company was non-operational and the audit would assist the adjudicating forum in ascertaining the truth for fair adjudication of the main petition, the discretion was not interfered with; the appeal was dismissed - NCLAT
An interim direction for forensic audit during pendency of a petition under ss. 241-242 of the Companies Act, 2013 was challenged on the ground that no specific relief for audit was sought and no prima facie finding of oppression or mismanagement was recorded. The tribunal held that s. 242(4) confers discretionary interim powers, and the petition contained allegations of mismanagement and siphoning of funds, with intense inter se hostility and counter-allegations. Since the company was non-operational and the audit would assist the adjudicating forum in ascertaining the truth for fair adjudication of the main petition, the discretion was not interfered with; the appeal was dismissed - NCLAT
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