Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
The dominant issue was whether the CLB had jurisdiction to condone a 249-day delay in an appeal under s.58(3) of the Companies Act, 2013, including whether s.433 (enabling application of the Limitation Act, 1963) could apply retrospectively to CLB proceedings. The Court held that, during the interregnum before 01.06.2016, the statute did not empower the CLB to apply s.5 of the Limitation Act, and its limited "court-like" status and procedural regulations could not be expanded into a power to extend statutory limitation. Section 58(3) was construed as mandatory; the High Court's affirmance was set aside and the appeal allowed. - SC
The dominant issue was whether the CLB had jurisdiction to condone a 249-day delay in an appeal under s.58(3) of the Companies Act, 2013, including whether s.433 (enabling application of the Limitation Act, 1963) could apply retrospectively to CLB proceedings. The Court held that, during the interregnum before 01.06.2016, the statute did not empower the CLB to apply s.5 of the Limitation Act, and its limited "court-like" status and procedural regulations could not be expanded into a power to extend statutory limitation. Section 58(3) was construed as mandatory; the High Court's affirmance was set aside and the appeal allowed. - SC
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