Bringing you the Best Analytical Legal News
NCLT New Delhi treats an unadmitted Section 9 petition as a matter between the parties alone, permitting its withdrawal while declining to endorse the settlement itself, given the airline’s other pending insolvency cases.
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NCLT observed that it is not endowed with the powers of jurisdiction or authority to analyse or evaluate the commercial decision of the CoC.
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The Tribunal held that the proviso inserted to Section 112(8) of the CGST Act by the Finance Act, 2025 does not operate retrospectively. Since the proceedings had commenced prior to 01-10-2025, the appellant’s vested right of appeal could not be burdened by a subsequently introduced condition requiring pre-deposit of 10 % of the penalty.
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“The Tribunal held that a vested stock option does not itself constitute a ‘specified security’ under Section 17(2)(vi). The charging provision is triggered only upon exercise of the option and allotment of shares. Until then, the employee holds only a capital asset in the nature of a right to subscribe to shares, and its transfer is chargeable under the head ‘Capital Gains’.
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The NCDRC admitted two consumer complaints citing allegations of misrepresentation, an improperly procured Occupation Certificate, and arbitrary demands by the developer. The developer undertook not to cancel any complainant’s allotment without the Commission’s leave, granting homebuyers interim protection, with the matters listed for 26 October 2026.
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Written statement was e-filed within 44 days from the receipt of the complaint which was beyond 30 days prescribed time-limit but the delay beyond 30 days held to be extendable if sufficient cause explained, thus making the prescribed period to be of 45 days. The written statement was thus filed within the prescribed period.
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The Commission held that an Original Equipment Manufacturer (OEM), even though not itself participating as a bidder in public procurement, can incur liability under Section 3(3) read with Section 3(1) of the Competition Act, 2002 where it actively facilitates coordination amongst competing downstream resellers through exchange of commercially sensitive information, selective issuance of Manufacturer Authorisation Forms (MAFs), allocation of customers, coordination of bids and arrangement of cover bids. The Commission further held that the conduct of HP India and the resellers amounted to a contravention of the provisions relating to anti-competitive agreements and bid rigging under the Act.
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A senior citizen NRI’s email was hacked, and Punjab National Bank wired USD 92,420 to Singapore on email instructions alone, without verification or authentication. The Adjudicating Officer held the bank liable for the unrecovered balance, with interest.
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The Tribunal clarified that whether a SARFAESI notice amounts to invocation of a personal guarantee depends entirely on the contractual terms governing the guarantee and the language of the demand notice. Courts must examine the substance of the communication rather than its form or the designation assigned to the guarantor.
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The NGT observed that although there is no law which bars the offering of milk during rituals, discharge of milk in such large quantities should be avoided.
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The Court held that the telecommunication services provider was liable for its negligent issuance of a duplicate SIM card leading to SIM-Swap fraud, and Central Bank of India cannot be fully absolved of their auxiliary liability as they failed to perform the physical release and remittance of the contractually frozen amount back to the complainant even after an interim order, thereby unlawfully disrupting the velocity of the complainant’s capital despite the clear judicial intervention of the Court.
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The Commission said that, in the absence of any restraint order from the Delhi High Court, there was no basis to halt the execution proceedings and directed that the matter continue in accordance with law.
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The CCPA observed that Chaayos has a substantial consumer reach and market presence as the restaurant has more than 180+ outlets in India, and levy of service charge by default on bill has the potential to affect a large number of consumers.
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CCPA observed that SpiceJet designed its interface in a manner that favoured enrolment into the SpiceClub Loyalty Program and subscription to promotional communications through pre-selected options, resulting in unfair trade practices, misleading representations and impairment of consumer choice and informed decision-making.
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The authority restrained the respondents from carrying on or continuing any action detrimental to the complainants’ interests in respect of the 2 flats and directed SBI not to take any coercive action against the complainants for recovery of the amount.
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“The appellant had exported the services to the overseas entity/recipient, such service should be considered as ‘export of service’ and the resultant benefit of refund of the accumulated CENVAT Credit available in the books of account should be available to the appellants.”
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Considering the circumstances which were disclosed, the National Green Tribunal further extended the time and directed the UP PCB to complete the proceedings concerning the levy of environmental compensation.
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The Authority noted that the complainant had suffered mental and physical agony, besides losing the opportunity to own a house, particularly in view of the increase in property prices.
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The Court passed an ex-parte ad-interim injunction against the respondents on ground of data theft, protecting complainant’s proprietary customer database upon observing that a prima facie case has been established showing unauthorized data copying, download, and extraction within the strict definition of Section 43(b), Information Technology Act, 2000.
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“…the provisions of Section 99 of the Insolvency and Bankruptcy Code, 2016, are procedural and are only for the purposes of recommending for approval or rejection of the application, where the recommendation would have to be based upon the facts and evidence presented to the Resolution Professional or collected by him under the powers conferred upon him to call for records and evidence.”
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