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Archive: May, 2026

Posts in May, 2026

Karnataka HC Upholds Director Removal Process as Section 284 Operates Independently

May 27, 2026 240 Views 0 comment Print

The Court held that shareholder resolutions seeking removal of directors under Section 284 are independent of Section 188 requirements relating to circulation of members’ resolutions.

NGT Faces Criticism for Judicial Overreach Through Expanding Suo Moto Powers

May 27, 2026 744 Views 0 comment Print

The article discusses concerns over inconsistent expert reports, ad hoc committees, and relaxed evidentiary standards in NGT proceedings. It warns that weak scientific scrutiny may compromise the credibility of environmental adjudication.

Delhi HC Stops Director Removal Process Due to Lack of Specific Reasons

May 27, 2026 378 Views 0 comment Print

The Delhi High Court upheld restraint on a company’s move to remove a director because the special notice only made vague allegations without disclosing particulars. The Court held that statutory rights under Section 169 require meaningful grounds and opportunity of representation.

NCLT Upholds Removal of Directors as Shareholders Validly Exercised Statutory Rights

May 27, 2026 409 Views 0 comment Print

NCLT Kochi held that shareholders have a statutory right to convene an EGM and remove directors through ordinary resolution if legal procedures are followed. The Tribunal ruled that such removal did not amount to oppression or mismanagement.

Bombay HC Quashes Defamation Case as Statements Were Part of Statutory Corporate Process

May 27, 2026 327 Views 0 comment Print

The Bombay High Court held that statements made in Special Notices for removal of a director under the Companies Act formed part of a statutory corporate process and were not per se defamatory.

HC Upholds ITAT Remand for Fresh Cash Flow Verification in Share Premium Addition u/s 68; Human Probability Test Not Enough

May 27, 2026 417 Views 0 comment Print

AO observed an imbalance: the investor companies brought in massive investments but received a minimal percentage of equity, while the promoters retained overwhelming majority control despite investing a lower proportionate amount (Rs. 45 crores)

Madras HC Refuses Injunction as Shareholder Validly Requisitioned EGM

May 27, 2026 237 Views 0 comment Print

The Court held that a shareholder holding requisite voting strength has a statutory right under Section 169 to convene an extraordinary general meeting if the board fails to act.

Single Composite GST Assessment Order for Mutiple Years Invalid: AP HC

May 27, 2026 954 Views 0 comment Print

The High Court reiterated that separate assessment orders are required for separate financial years under Sections 73 and 74 of the GST Act. The combined order for 2018-19 and 2019-20 was quashed.

Rajasthan HC Condones 216-Day GST Appeal Delay Due to Illness & Financial Hardship

May 27, 2026 602 Views 0 comment Print

The Rajasthan High Court condoned a 216-day delay in filing a GST appeal after finding that prolonged illness and financial difficulties prevented timely filing. The Court directed the appellate authority to decide the appeal on merits.

Karnataka HC Sets Aside GST Assessment as Additional E-Way Bill Records Required Reconsideration

May 27, 2026 451 Views 0 comment Print

The Karnataka High Court directed fresh adjudication after the petitioner submitted e-way bill details, vehicle numbers, and ledger accounts to explain alleged mismatches in Input Tax Credit claims.

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