Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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The Company Court's jurisdiction was treated as surviving after a winding-up order, because post-winding-up arrangements that displaced the Official Liquidator's control could still be examined and, if necessary, undone under the court's inherent powers and the Companies Act, 1956. The challenge based on delay was not held to be fatal at this stage, as the alleged fraud and continuing acts were treated prima facie as giving rise to a continuing cause of action, leaving limitation for final determination. Ad interim stay was refused on balance of convenience, absence of a meaningful change in circumstances, and judicial propriety.
The Company Court's jurisdiction was treated as surviving after a winding-up order, because post-winding-up arrangements that displaced the Official Liquidator's control could still be examined and, if necessary, undone under the court's inherent powers and the Companies Act, 1956. The challenge based on delay was not held to be fatal at this stage, as the alleged fraud and continuing acts were treated prima facie as giving rise to a continuing cause of action, leaving limitation for final determination. Ad interim stay was refused on balance of convenience, absence of a meaningful change in circumstances, and judicial propriety.
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