The appellant sought interim relief for reappointment as ...

Company Secretary's termination challenged, Tribunal approval argued.

Case Laws Insolvency and Bankruptcy

August 23, 2024

The appellant sought interim relief for reappointment as Secretary u/s 218 of the Companies Act, 2013, claiming termination violated Section 218(1)(b) which requires Tribunal's approval for removal. The NCLT had previously rejected the Section 218 application. The appellant repeatedly raised unconnected issues regarding applications CA-88/2023 and CA-34/2024 despite the Tribunal's observations on early disposal. The Court has the right to conduct proceedings orderly and resist attempts to repeatedly raise unconnected issues. The appellant conveniently omitted referring to the earlier NCLT order rejecting relief u/s 218. No grounds were made to interfere with the NCLT's impugned order. The appeal was dismissed.

View Source

← Previous Next →

The appellant sought interim relief for reappointment as ...

Company Secretary's termination challenged, Tribunal approval argued.

Case Laws Insolvency and Bankruptcy

August 23, 2024

You may also like:

Power to Company secretary to initiate suit or any other legal proceedings in the absence of specific authorization - locus standi of the Company Secretary in the main...

Oppression and Mismanagement - Validity of the Lease Deed - Doctrine of Res Sub-Judice - Appellants argued that the Tribunal overstepped its jurisdiction by setting...

The case involved a challenge to the validity of approval u/s 153D for assessment u/s 153A. The Appellate Tribunal found that the approval granted by the JCIT was...

Appointment to the post of Company Secretary in Respondent company - requirement of requisite five years’ experience for the post of Company Secretary - Her appointment...

Dishonour of Cheque - Vicarious liability of the Company Secretary - The CS was never a Director of the Accused Company - In-charge of the day-to-day affairs of the...

Non-compliance of Section 203 of a whole-time Company Secretary - The petitioners have been permitted to file e-form ACTIVE, INC-22A without insisting the appointment of...

The Appellate Tribunal addressed the issue of TDS u/s 195 on sub contract charges paid to a Singapore company. The Non-Resident company argued it falls under Section...

The National Company Law Appellate Tribunal, Principal Bench, New Delhi, addressed the validity of the Corporate Insolvency Resolution Process (CIRP) against a...

Approval of a resolution plan - The Tribunal dismissed objections raised by dissenting homebuyers, citing that since the homebuyers as a class assented to the plans,...

Characterization of receipt - Compensation receipt on termination of contract - Addition under Section 28(ii)(e) - The Tribunal differentiates between termination and...

Sale of property of the company to the third parties - oppression and mismanagement - it is quite clear that the even though the sales made in the years 2013 and 2014...

The Appellate Tribunal considered the taxability of freight income u/s 44B for a foreign company incorporated in Singapore operating ships globally, including in India....

Validity of reopening of assessment - Approval of PCIT u/s 151 - The Tribunal acknowledged the Assessee's argument regarding the mechanical approval granted by the PCIT....

The Appellate Tribunal addressed various Transfer Pricing (TP) issues. Regarding software services, the Tribunal upheld the selection of comparables by the assessee over...

Approval of scheme of amalgamation - Application of the "Alter Ego" Principle - Violation of Section 233 of the Companies Act, 2013 - requirement of holding at least...

Quick Updates: