Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
A fresh claim for possession of premises in liquidation was barred by res judicata and issue estoppel because the later application was virtually identical to the earlier rejected one and no liberty had been reserved to re-agitate it. On merits, the HC held that summary jurisdiction under Section 457 of the Companies Act is confined to whether the Official Liquidator has a relevant reason to remain in possession. As liquidation was continuing and the premises were still being used, continued retention was justified, and the applicant could not compel surrender of vested tenancy rights or conversion to a leave and licence arrangement. The application was dismissed with costs.
A fresh claim for possession of premises in liquidation was barred by res judicata and issue estoppel because the later application was virtually identical to the earlier rejected one and no liberty had been reserved to re-agitate it. On merits, the HC held that summary jurisdiction under Section 457 of the Companies Act is confined to whether the Official Liquidator has a relevant reason to remain in possession. As liquidation was continuing and the premises were still being used, continued retention was justified, and the applicant could not compel surrender of vested tenancy rights or conversion to a leave and licence arrangement. The application was dismissed with costs.
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