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 ...
Section 33(5) of the IBC does not bar a liquidator from defending suits instituted before the liquidation order; consequently pending suits instituted prior to liquidation remain triable by civil courts. The liquidator may be impleaded to defend or prosecute such proceedings, and the trial court erred in refusing impleadment and in holding the suit non maintainable. The bar in Section 63 is inapplicable to recovery of unpaid wages brought before a civil court where NCLT/NCLAT lack jurisdiction. Priority under Section 53 gives 24 month workmen's dues precedence but does not extinguish claims beyond that period nor strip civil courts of jurisdiction to adjudicate them.
Section 33(5) of the IBC does not bar a liquidator from defending suits instituted before the liquidation order; consequently pending suits instituted prior to liquidation remain triable by civil courts. The liquidator may be impleaded to defend or prosecute such proceedings, and the trial court erred in refusing impleadment and in holding the suit non maintainable. The bar in Section 63 is inapplicable to recovery of unpaid wages brought before a civil court where NCLT/NCLAT lack jurisdiction. Priority under Section 53 gives 24 month workmen's dues precedence but does not extinguish claims beyond that period nor strip civil courts of jurisdiction to adjudicate them.
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