Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
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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