Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Clause 19.13 prima facie satisfies formal requirements of an arbitration agreement and, under the doctrine of separability, continues to subsist despite termination of the underlying contract and approval of the resolution plan; the court's limited prima facie enquiry is confined to formal existence of the clause and arbitrability of disputes, leaving contested legal and factual consequences of the approved resolution plan (including extinguishment of claims) to the arbitral tribunal under competence competence; accordingly live, arbitrable disputes are found and a sole arbitrator is appointed to determine all substantive issues and defences.
Clause 19.13 prima facie satisfies formal requirements of an arbitration agreement and, under the doctrine of separability, continues to subsist despite termination of the underlying contract and approval of the resolution plan; the court's limited prima facie enquiry is confined to formal existence of the clause and arbitrability of disputes, leaving contested legal and factual consequences of the approved resolution plan (including extinguishment of claims) to the arbitral tribunal under competence competence; accordingly live, arbitrable disputes are found and a sole arbitrator is appointed to determine all substantive issues and defences.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
