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...
Entitlement to transmission of shares: legal heirs prima facie entitled to transmission where register and annual statements continue to record shares in deceased's name, sustaining maintainability under the statutory scheme and permitting registration of heirs. NCLT jurisdiction to examine transfer instruments: Tribunal may, on a prima facie basis in oppression and mismanagement proceedings, assess validity of gift deeds and related documents integral to the complaint as part of its summary jurisdiction; further factual enquiry reserved. Company duty in dematerialised context: company must process transmission under Articles and prescribed procedure for demat shares and register legal heirs on proper application.
Entitlement to transmission of shares: legal heirs prima facie entitled to transmission where register and annual statements continue to record shares in deceased's name, sustaining maintainability under the statutory scheme and permitting registration of heirs. NCLT jurisdiction to examine transfer instruments: Tribunal may, on a prima facie basis in oppression and mismanagement proceedings, assess validity of gift deeds and related documents integral to the complaint as part of its summary jurisdiction; further factual enquiry reserved. Company duty in dematerialised context: company must process transmission under Articles and prescribed procedure for demat shares and register legal heirs on proper application.
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