Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Contempt jurisdiction being penal and statutory cannot be assumed by implication or on equitable considerations. Since Section 425 of the Companies Act, 2013 confers on the NCLT/NCLAT the same contempt powers as a HC in respect of contempt of their own orders, such power is plenary and applies to all proceedings before the Tribunal, including those under the IBC; hence parties cannot bypass the statutorily empowered forum by approaching the HC under Section 10 of the Contempt of Courts Act, 1971. Any intervention by the HC, if warranted, lies only under Articles 226/227 and not through a contempt petition. The contempt petition was held not maintainable and dismissed - HC
Contempt jurisdiction being penal and statutory cannot be assumed by implication or on equitable considerations. Since Section 425 of the Companies Act, 2013 confers on the NCLT/NCLAT the same contempt powers as a HC in respect of contempt of their own orders, such power is plenary and applies to all proceedings before the Tribunal, including those under the IBC; hence parties cannot bypass the statutorily empowered forum by approaching the HC under Section 10 of the Contempt of Courts Act, 1971. Any intervention by the HC, if warranted, lies only under Articles 226/227 and not through a contempt petition. The contempt petition was held not maintainable and dismissed - HC
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