Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
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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