Tripartite agreement home loan recovery
Case BriefsTribunals/Commissions/Regulatory Bodies

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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Refund of unutilized accumulated CENVAT Credit
Case BriefsTribunals/Commissions/Regulatory Bodies

“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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Environmental compensation for illegal tree felling
Case BriefsTribunals/Commissions/Regulatory Bodies

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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Refund with interest and additional compensation under RERA
Case BriefsTribunals/Commissions/Regulatory Bodies

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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data theft ad-interim injunction proprietary customer database
Case BriefsTribunals/Commissions/Regulatory Bodies

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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Section 99 IBC Resolution Professional’s report
Case BriefsTribunals/Commissions/Regulatory Bodies

“…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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oppressive share allotment in MBG Commodities
Case BriefsTribunals/Commissions/Regulatory Bodies

“Section 242 casts a higher threshold on the petitioner to demonstrate that the affairs of the Company are being conducted in a manner oppressive to any member or prejudicial to the interests of the Company, or that circumstances exist warranting its winding up on just and equitable considerations.”

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Commercial or Industrial Construction Service
Case BriefsTribunals/Commissions/Regulatory Bodies

Pal Promoters Pvt. Ltd. not liable to pay service tax on the construction services rendered to Tamil Nadu Police Housing Corporation (TNHPCL), Tsunami District Implementation Unit, Pudukkotai (TDIU) and for Peoples Development Association (PDA) and the demand is to be set aside as does not fall under Commercial or Industrial Construction Service.

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Acquisition of Royal Challengers Bengaluru's Parent Company
Case BriefsTribunals/Commissions/Regulatory Bodies

The Competition Commission of India (CCI) has approved the acquisition of 100% shareholding of Royal Challengers Sports Private Limited, the parent company of Royal Challengers Bengaluru, by a consortium comprising entities of the Aditya Birla Group, Times Group, ICONIQ Group, Blackstone-backed funds and other investors.

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Bank of Maharashtra MD fined ₹1 DRT
Case BriefsTribunals/Commissions/Regulatory Bodies

“In the Lilavati Foundation recovery proceedings, Debts Recovery Tribunal Mumbai noted repeated non-compliance by Bank of Maharashtra with its earlier directions. The Tribunal ordered disclosure of sealed documents and sought complete compliance from the Bank, while also directing SBM Bank to furnish account records relevant to the case”

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Loss of original property documents by bank after loan closure
Case BriefsTribunals/Commissions/Regulatory Bodies

Bank’s failure to return original property documents after full repayment of a housing loan despite RBI’s mandate to do so within 30 days, constitutes deficiency in service: DCDRC

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CCPA action against Snapdeal
Case BriefsTribunals/Commissions/Regulatory Bodies

The Central Consumer Protection Authority in exercise of its powers under the Consumer Protection Act, 2019, took suo motu cognizance against Stallion Trading Company for sale of Toys on Snapdeal (an E-Commerce platform) which allegedly do not conform to BIS standards as made mandatory under Toys (Quality Control) Order, 2020

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Section 16(1)(a) company name rectification
Case BriefsTribunals/Commissions/Regulatory Bodies

The Regional Director, Ministry of Corporate Affairs, held that the absence of a registered trade mark does not bar an existing company from seeking rectification of a later company’s identical or deceptively similar name under Section 16(1)(a), Companies Act, 2013, and directed the respondent company to change its name within 3 months.

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Minor Kept in Adult Jail in U.P.
Case BriefsTribunals/Commissions/Regulatory Bodies

Taking suo motu cognizance of media reports, NHRC has sought reports from U.P. authorities and ordered a spot inquiry into the alleged detention of a minor in an adult prison

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RERA forensic audit during CIRP
Case BriefsTribunals/Commissions/Regulatory Bodies

With expenditure claimed at 75—77% of project cost against actual physical progress of only 48.13%, the Authority ordered a limited forensic audit of the Avalon Royal Park project, distinguishing the RERA audit from IBC insolvency audit provisions and holding that the two frameworks can operate harmoniously without conflict.

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Reassessment beyond four years under Section 147
Case BriefsTribunals/Commissions/Regulatory Bodies

The Tribunal noted that where an assessment completed under Section 143(3) is sought to be reopened beyond four years, the Assessing Officer must record a specific finding that the assessee failed to disclose fully and truly all material facts.

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₹10 Beer Overcharge Leads to ₹25000 Consumer Win
Case BriefsTribunals/Commissions/Regulatory Bodies

A Government-owned liquor retailer cannot rely on internal pricing directions to charge above the MRP printed on a packaged commodity, the printed MRP is the statutory ceiling the consumer is entitled to rely on at the point of sale, and the burden to prove any R. 18(3) exception lies on the seller.

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NCLT Kolkata
Case BriefsTribunals/Commissions/Regulatory Bodies

Section 18(1)(f)(vi) IBC empowers the resolution professional to take control and custody of any asset over which the corporate debtor has ownership rights as reflected in its balance sheet, information utility, depository of securities, or any other registry recording ownership of assets, including assets subject to the determination of ownership by a court or authority.

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Transfer of user fee collection rights
Case BriefsTribunals/Commissions/Regulatory Bodies

“Transfer of toll collection rights through competitive bidding for commercial consideration is manifestly a business activity and not an inalienable sovereign function. Sovereign functions are those which can only be performed by the State, such as defence, legislation, policing and administration of justice sovereign functions cannot be delegated.”

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Tender for procurement of Battery Energy Storage System
Case BriefsTribunals/Commissions/Regulatory Bodies

“It is a trite law that goal post cannot be re-arranged after the bidding process is complete to the prejudice of the rights of the bidders.”

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