Companies Act, 2013, Section 421(3) -- Condonation of delay in filing appeal - Appeal against order of National Company Law Tribunal (NCLT) - Period of limitation of 45 days prescribed in S.421(3) of the Act, would start running only from date on which a copy of order of Tribunal is made available to person aggrieved - However, appellants chose to apply for a certified..........
Insolvency and Bankruptcy Code, 2016, Section 29A, 31, 14, Reserve Bank of India Act, 1934, Section 45JA -- Recovery of debt - Issuance of show cause notice declaring borrowers as wilful defaulters - Challenge as to - Plea of borrowers that show cause notice is devoid of application of mind - Borrowers are Directors as well as promoters and guarantors of Company which is..........
Wealth Tax Act, 1957, Section 3 -- Charge of wealth tax - Club in question neither being an individual, nor a HUF, nor a company, cannot be brought into wealth tax net u/s 3 of the Act...........
Civil Procedure Code, 1908, Order 29, Rule 2 -- Notice not served in terms of O.29.R.2 CPC - Dismissal of execution proceedings - Counsel for Insurance company had appeared in response to notice issued in claim petition under Motor Vehicles Act and had filed counter and an award too had passed on merits - Said counsel who appeared for insurance company before Tribunal and..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in making payment pursuant to SC`s order - Proceedings under Mines and Minerals Act - Compensation amount as ordered by SC u/s 21(5) of MMDR Act is fully paid by company along with interest in respect to all mining leases - Since interest is stated to have been paid for period of delay, delay held, condoned -..........
Indian Penal Code, 1860, Section 302, 392, 201 -- Murder - Circumstantial evidence - Last seen evidence - Circumstance of last seen of deceased in the company of accused duly stands established from CCTV footages, and articles recovered - Said CCTV footage proved by witnesses who had handed over the same to investigating agency - Circumstance of last seen points towards..........
Income Tax Act, 1961, Section 40(a)(ia), 194C, 200, 201 -- Proviso - Tax deduction at source - Disallowance - Total payments in Truck Freight Account of Rs.1,37,71,206/- and total receipts from company of Rs.1,43,90,632/- - Rs.57,11,625/- disallowed on which appellant failed to deduct tax at source and not the entire amount received from company - Any prejudice or legal..........
Companies Act, 2013, Section 241, 242 -- Application u/ss 241, 242 of the Act - Maintainability - Respondent is not holding shares to the extent of eligibility threshold of 10% as stipulated u/s 244 of Companies Act in order to maintain an application u/ss 241, 242 of the Act - He had nothing to do with affairs of company and he is not a registered owner - Rights in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife has reasonable grounds not to stay in company of husband - She has no independent source of income to maintain herself - Claim of wife for maintenance examined in context of standing and earning of parties and standard of living wife would have enjoyed in the company of her husband - Amount of monthly..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was a skilled worker and his income in 1984 was 750 Qatari Riyal p.m - High Court committed error in awarding exorbitant amount of Rs.96,78,000 after reducing 50% towards contributory negligence on basis of unverified letter issued by New Zealand Company - In..........
