Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
Whether a waiver under Section 244(1)(a) could be granted despite applicants not meeting statutory share thresholds: Tribunal found applicants were trust beneficiaries holding shares and that prima facie prejudice and share configuration constituted exceptional circumstances justifying a waiver to permit initiation of Sections 241/242 proceedings; outcome-waiver upheld and maintainability of the company petition accepted for merits consideration. Alleged non-application of mind and reliance on pending civil suits: Tribunal's reasoning was held to be supported by record and pendency of civil suits does not bar granting the waiver; outcome-impugned order sustained and appeal dismissed. - NCLAT
Whether a waiver under Section 244(1)(a) could be granted despite applicants not meeting statutory share thresholds: Tribunal found applicants were trust beneficiaries holding shares and that prima facie prejudice and share configuration constituted exceptional circumstances justifying a waiver to permit initiation of Sections 241/242 proceedings; outcome-waiver upheld and maintainability of the company petition accepted for merits consideration. Alleged non-application of mind and reliance on pending civil suits: Tribunal's reasoning was held to be supported by record and pendency of civil suits does not bar granting the waiver; outcome-impugned order sustained and appeal dismissed. - NCLAT
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