Bringing you the Best Analytical Legal News
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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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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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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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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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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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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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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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 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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“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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‘The appellate authority held that rooftop solar power generating systems remain ‘movable property’ where they can be dismantled and relocated without substantial damage and therefore cannot be classified as works contracts under Section 2(119), CGST Act.
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“The project’s peak supply period is suitably aligned with the peak summer month’s demand with 4 hours of storage capacity to substantially assist UPPCL in meeting its peak hour power requirement.”
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ATFP, New Delhi clarified that adjudication proceedings under Section 8 PMLA remain mandatory even if a Special Court passes a confiscation order before filing of complaint.
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A resident of Greater Noida approached the NGT alleging sewage-contaminated drinking water across five cities. NGT has now directed MP and Gujarat authorities to take remedial measures within four weeks as conditions in those states deteriorate.
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Rosoboronexport, Moscow is a governmental organisation and therefore, the said entity cannot be termed as a Science or Technocrat or scientific or technology institution or organisation and hence it the activity cannot fall under the category of “Scientific and Technical Consultancy Service.”
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The NGT directed respondents, including the Forest Department and DRMB, to submit a progress report of Phases I and II of the Delhi Ridges.
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“Absence of any such clause in the PPA cannot be held to the prejudice of the appellant so as to deny relief to it under Change in Law clause.”
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“We have no doubt in our mind that this is one of those gravest forms of negligence that is rarely witnessed for a judicial approximation before courts and tribunals.”
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NCLAT observed that Tribunal cannot clothe itself with a jurisdiction which has not been vested upon it by the legislature. Thus, grant condonation of delay beyond the 15th day even on equitable consideration or on the ground of hardship or technical considerations will amount to jettisoning the intent of the legislature which is impermissible.
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Registered conveyance deed carries a strong presumption of validity and genuineness and cannot be lightly disregarded merely because consideration cheques were encashed at a later date. Also, additions under Section 69-A based on suspicion and double taxation of the same funds are unsustainable.
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