International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
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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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