Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Absence of NOC not automatically invalidates Security Documents’; NCLT upholds Axis Bank & NKGSB Bank’s claims as Secured Debt

The NCLT held that the Resolution Professional does not have adjudicatory powers to invalidate or challenge the charges based on an absence of NOC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘A One Time Settlement agreement cannot extend the date of default’; NCLAT dismisses Samrat Restaurant’s CIRP plea

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.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT seeks Government’s response on plea seeking implementation of Star ratings for cars based on fuel efficiency & CO2 emissions

“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.”

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC upholds SCDRC order dismissing claims of manufacturing defect in Mercedes-Benz car due to non-deployment of air bags

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.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Buy-Out of one Group by other a preferred remedy to resolve deadlock in equal shareholding companies: NCLT

The instant matter revolved around a deadlock in management caused by alleged financial mismanagement and oppressive actions by the respondents.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether a car manufacturer be held liable for the wrongdoings/omissions of a car dealer? SCDRC answers

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.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Cheeselings’ manufactured by Parle Products Pvt Ltd is a peculiar indigenous preparation; classifiable as ‘namkeen’: CESTAT

‘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’.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Jharkhand State Cricket Association renders ‘bundled services’ related to promoting cricket; not liable to pay service tax for services rendered in connection with sports: CESTAT

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.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Suspension of CIRP for defaults during Pandemic under Section 10-A IBC does not apply to personal guarantors: NCLT

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.

DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs hair salon and salon owner to pay compensation of Rs 1 Lakh for botched hair treatment leaving a customer’s hair in tangles

The complainant’s hair became extremely tangled after getting a hair spa treatment. As all efforts to untangle her hair went in vain; she had to cut her hair, which went against her religious tenets and beliefs as a Sikh and the affected her mentally, emotionally and professionally.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Money advanced for clearing land title is an investment, not financial debt under Section 5(8) of the IBC: NCLAT

The NCLAT reinforced that not all financial transactions qualify as financial debts under the IBC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Insolvency proceeding under Section 95 IBC can’t be continued against legal heirs after personal guarantor’s death: NCLT

“The term “personal guarantor” is defined under Section 5(22) of the IBC as “personal guarantor” means an individual who is the surety in a contract of guarantee to a corporate debtor.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

When DCDRC took to task a surgeon for conducting delayed Laparotomy based on a 2-day old CT Scan report

The Commission held that reliance on old CT scan report; invalid consent & unjustified delay in conducting Laparotomy, constituted Medical Negligence and directed the surgeon to pay compensation of Rs. 4 Lakhs.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Deficient service & unfair trade practice shatters student’s NLU dreams; DCDRC directs OYO and its listed Guesthouse to pay Rs. 16 Lakhs as compensation

After completing her 12th standard, the student had started preparing for the All India Law Entrance Test, 2022 and studied hard, so that she could achieve her dream to take admission in a National Law University and become a law aspirant.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Competition Commission of India approves RIL- Walt Disney’s 8.5 Bn Dollar Joint Venture

Competition watchdog CCI’s approval to this joint venture was granted subject to compliance of voluntary modifications.

Case Briefs Tribunals/Commissions/Regulatory Bodies

S. 124 of the Railways Act has an overriding effect vis-a-vis compensation payable as provided under the Railway Accident and Untoward Incidents Rules: NCDRC

“SCDRC was not justified in saying that a person is entitled to more compensation, depending upon the fact of the case than the compensation as provided under the Railway Accident and Untoward Incidents (Compensation) Rules, 1990”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

APTEL directs BESCOM to make payments of all unpaid invoices along with interest and future payments to wind power generators

“It is an established legal principle that any administrative action / order does not absolve a party to a valid and subsisting Power Purchase Agreement from discharging its obligation under the PPA.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT issues notice to Principal Chief Conservator of Forest, Tiger Conservation Authority and MoEFCC over proposed hotel construction in Kaziranga National Park

Over 45 farmer families survive on the yield produced from the 19- acre land in Inle Pothar, of which 9.9 acre has been earmarked for the luxury hotels project. It is also home to the one-horned rhinoceros, elephants, tigers, wild buffaloes and wild boars among other species.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Suffering of children with Leukemia | NHRC directs Tamil Nadu Health Dept. to submit ATR over non-usage of Apheresis Machine purchased in June 2023

An article dated 11-7-2024 published in The New Indian Express, stated that despite Apheresis Machine’s potential to significantly improve platelet availability, it remains unused, forcing patients to seek treatment elsewhere.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Kopiko is classifiable as ‘sugar confectionery not containing cocoa’ under Central Excise Tariff Act, 1985; basis of product is sugar, glucose and not coffee: CESTAT

Kopiko contained flavour coffee to the extent of 1.57 %, whereas the majority ingredients were refined sugar 33.06%, liquid glucose 41.41%, other ingredients constitute to 11.81% and water at the rate of 12.5%.