International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Rectification of the register of members under s.59 of the Companies Act, 2013 was refused on the premise that disputed facts regarding an allegedly illegal share transfer were pending before a civil court and had to be adjudicated first. Applying s.430, which bars civil-court jurisdiction over matters the Tribunal is empowered to determine, it was held that the Tribunal retains rectificatory jurisdiction even where contested facts and disputed questions arise, and cannot defer decision awaiting a civil-court finding. The order declining rectification on lack of jurisdiction was set aside, and the matter was remanded for adjudication on merits by the Tribunal without awaiting any civil-court judgment. - NCLAT
Rectification of the register of members under s.59 of the Companies Act, 2013 was refused on the premise that disputed facts regarding an allegedly illegal share transfer were pending before a civil court and had to be adjudicated first. Applying s.430, which bars civil-court jurisdiction over matters the Tribunal is empowered to determine, it was held that the Tribunal retains rectificatory jurisdiction even where contested facts and disputed questions arise, and cannot defer decision awaiting a civil-court finding. The order declining rectification on lack of jurisdiction was set aside, and the matter was remanded for adjudication on merits by the Tribunal without awaiting any civil-court judgment. - NCLAT
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