Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Sections 397, 398 and 399 were construed in an equitable and remedial manner, so the expression "member" was not confined to formal entry in the register of members under Section 41(2). The SC accepted that Section 2(27) provides a wider membership framework and that strict insistence on register entry would defeat protection against oppression and mismanagement. On the facts, the company had consistently acknowledged the respondent's proprietary stake through correspondence, conciliation material, his appointment as Managing Director, rebranding linked to his concern, and acceptance of his investment. Those circumstances justified treating him as a member for the limited purpose of invoking the statutory remedy, and the appeals were dismissed.
Sections 397, 398 and 399 were construed in an equitable and remedial manner, so the expression "member" was not confined to formal entry in the register of members under Section 41(2). The SC accepted that Section 2(27) provides a wider membership framework and that strict insistence on register entry would defeat protection against oppression and mismanagement. On the facts, the company had consistently acknowledged the respondent's proprietary stake through correspondence, conciliation material, his appointment as Managing Director, rebranding linked to his concern, and acceptance of his investment. Those circumstances justified treating him as a member for the limited purpose of invoking the statutory remedy, and the appeals were dismissed.
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