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The appellant sought information concerning blocking of social media accounts covering farmer’s protests and those critical of the government.
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The NCLT held that non-delivery of possession despite payments and continued acknowledgment of liability through emails and communications proved default under Section 7 IBC.
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Reportedly, the Adi Ganga River had dried up due to extreme heat resulting in 50-60 % of the river becoming waterless, and several dead fish emanating a foul smell. It was alleged that the death of the fish was due to chemical pollution emanating from Sonar Mandi where silver is refined with acid chemicals.
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The NGT found deficiencies in the response and reports from authorities, notably the absence of virological testing facilities in local labs, inadequate clarity on the water source, and inconsistent water quality across reports.
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The brief closure of Digwal unit or imposition of monetary penalty, in terms of the NGT Order, did not require any disclosure in terms of regulation 30(4)(i) of the LODR Regulations.
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APTEL said that the sufficient cause to be shown by an applicant, for the delay to be condoned, would depend on the facts and circumstances of each case, it would not be justified to apply a uniform criterion to determine whether the cause shown is sufficient to condone the delay in filing the appeal.
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“This was not an internal spark but it was a heavy vibration that the roter and the other components rubbed causing the spark of fire at the exciter end that propagated towards the generator. The exclusion clause therefore would not apply”.
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The NCLAT noted that the NCLT had not delegated its jurisdiction to the 15-member committee but tasked the committee to act under the NCLT’s oversight, ensuring compliance with its guidance and observations.
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The NGT directed that no construction activities to be permitted within 200 meters of the High Flood Level from the centre of River Tedhi until further orders.
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The NGT reaffirmed that review proceedings are not an appeal in disguise and should be confined to the specific grounds allowed under law.
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Once some benefit has accrued in favour of an employee, the same cannot be snatched, without providing any opportunity to the employee. Thus, the decision of the respondents to reduce the pay of the applicants is contrary to the settled position of law.
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The NCLT held that the Resolution Professional does not have adjudicatory powers to invalidate or challenge the charges based on an absence of NOC.
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The NCLAT held the appellant’s claim was inflated, and the Adjudicating Authority rightly recalculated the actual unpaid amount, which fell below the Rs 1 crore threshold.
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“Vehicular pollution is the most important contributory factor in air pollution and as per the Ministry of Earth Sciences, vehicular pollution is responsible for 40% of such air pollution.”
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The Commission noted that the appellant’s claim regarding non-deployment of air bags due to manufacturing defect, was not well established through any Expert Opinion.
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The instant matter revolved around a deadlock in management caused by alleged financial mismanagement and oppressive actions by the respondents.
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The complainant upon getting impressed by a lucrative deal on Hyundai Santro car via a newspaper advertisement, approached the authorized dealer of Hyundai and deposited booking amount, but did not receive the delivery as assured.
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‘Namkeen’ has not been defined either contextually in the notification or as a separate nomenclature in the tariff under Schedule to Central Excise Tariff Act, 1985. Therefore, the Tribunal opined that the adjudicating authority had erred in concluding that the impugned goods were not ‘namkeen’.
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All the activities rendered by the appellant are undertaken during hosting the cricket matches alone and if there were no cricket matches played, then all these services become irrelevant.
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NCLT held that the Resolution Professional followed the principles of Natural Justice and considered relevant documents, therefore, the Personal Insolvency Resolution Process should be initiated.
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