Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Class actions under Section 245 are maintainable in respect of transactions pleaded as past, continuing or systematically orchestrated where concealment prevents shareholder knowledge or authorisation; the Tribunal held such allegations justify admission. The Tribunal construed Section 245(1)(g) and residuary clause (h) to permit reliefs against the company, its directors and third parties, including damages or compensation aimed at restoring the company and consequential shareholder loss. The NCLT properly applied Section 245(4) factors (good faith and locus to pursue) and relevant NCLT Rules on threshold shareholding, joinder impracticability and common questions, and admission on the prima facie record was upheld.
Class actions under Section 245 are maintainable in respect of transactions pleaded as past, continuing or systematically orchestrated where concealment prevents shareholder knowledge or authorisation; the Tribunal held such allegations justify admission. The Tribunal construed Section 245(1)(g) and residuary clause (h) to permit reliefs against the company, its directors and third parties, including damages or compensation aimed at restoring the company and consequential shareholder loss. The NCLT properly applied Section 245(4) factors (good faith and locus to pursue) and relevant NCLT Rules on threshold shareholding, joinder impracticability and common questions, and admission on the prima facie record was upheld.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
