Tribunals/Commissions/Regulatory Bodies Archives

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC imposes a penalty of INR 1.5 crores against a hospital responsible for tragic mix-up of a sperm sample used during Intra-CytoplasmicSperm injection

While deciding upon the complaint, the NCDRC also made important observations on ethical questions surrounding Assisted Reproductive Techniques and urged the Government to bring out necessary regulations for safe ART procedures.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether prior approval of RBI is required by an Asset Reconstruction Company for participating as Co-Resolution Applicant under IBC? NCLAT Answers

NCLAT observed that the principal objective of the IBC is ‘revival of the Corporate Debtor and Resolution’ and therefore “Liquidation ought to be the last resort, keeping in view the scope and spirit of the Code.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

No sensible medical professional would intentionally harm or injure a patient, as their professional reputation would be at stake: NCDRC dismisses complaint against medical professionals

The Commission was deciding a case where the complainant (who was a medical professional himself) had accused the opposite parties of medical negligence after his son died due to cardiac arrest after getting operated for disfigurement of eye.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Go Airlines insolvency: NCLAT approves appointment of new Resolution Professional by CoC

NCLAT directed the new Resolution Professional to protect the assets of the Corporate Debtor as required under S. 25(1) of the IBC

Case Briefs Tribunals/Commissions/Regulatory Bodies

Know why NCDRC rejected claim of medical negligence in Justice Verma’s death

NCDRC conveyed that “We have deep sympathies with the death of Justice Verma, but it cannot be ground for liability.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Hospital wins medical negligence case, but pays compensation on humanitarian grounds

While dealing with the challenge against the order of SCDRC, the NCDRC found that the hospital made every possible attempt during medical complications after a successful surgery.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Does NCLAT have power to review or recall its judgment? NCLAT 5-member bench answers

A 5-member bench overturned two judgments delivered by 3-judge bench which held that the NCLAT does not have the power to review or recall its own judgements.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Operational creditor cannot seek to initiate CIRP against Corporate Debtor when real dispute exists: NCLAT

The NCLAT set aside Adjudicating Authority’s order initiating CIRP of the Corporate Debtor.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can revenue bring expenditure incurred in earlier years to be taxed in subsequent years? ITAT answers

After examining the expenses payable and the detailed order of the CIT,the ITAT held that the CIT has correctly examined the invoices, period and purpose for the expenses which have not been paid for the last six years

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC directs Union Govt and Andhra Pradesh Govt to ensure provision of necessary nutrition to TB patients in Andhra Pradesh

The Commission was hearing a petition filed an advocate/social activist who highlighted the plight of TB patients suffering due to lack of adequate nutrition

Case Briefs Tribunals/Commissions/Regulatory Bodies

Insolvency proceeding can be restored when Consent term entered between parties includes a revival clause: NCLAT

“When consent term itself contains clause for revival, non-giving liberty specifically for revival by the Adjudicating Authority is inconsequential”, held NCLAT

Case Briefs Tribunals/Commissions/Regulatory Bodies

Section 74 of Contract Act has no application on Public Auction conducted under the Liquidation Process Regulations, 2016: NCLAT

NCLAT observed that in the instant matter “there was no title defect in the Corporate Debtor”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIT was right in deleting addition made on account of low Gross Profit rate by AO without any justified reasoning: ITAT

It is a well-accepted principal of tax jurisprudence that the Assessing Officer cannot sit on the armchair of a businessman assessee to replace his business strategy by his own whims and fancies

Case Briefs Tribunals/Commissions/Regulatory Bodies

NFRA imposes monetary penalty of Rs. 1.10 Crore on Auditors of Coffee Day Enterprises Ltd.

National Financial Reporting Authority: The National Financial Reporting Authority (‘NFRA’) has imposed monetary penalty of Rs. 1.10 Crore on 1 Auditor Firm

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can Corporate Debtor raise issue of pre-existing dispute if there is no evidence of any lacuna prior to demand notice? NCLAT answers

“The Adjudicating Authority does not appear to have committed any error in holding the alleged disputes claimed by the Corporate Debtor to be feeble as it is not supported by credible evidence.” NCLAT

Case Briefs Tribunals/Commissions/Regulatory Bodies

Mula-Mutha Riverfront Project: NGT prohibits PMC from cutting any trees till July 31

The matter was further listed for hearing on 31-07-2023.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT modifies Rs Ten Lakh cost for being highly excessive

While speedily and effectively disposing off the present appeal, the NCLAT modified the imposed cost from Rs. 10,00,000/- to Rs. 1,00,000/- for the restoration of the company’s name in the register maintained by the ROC.