Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Successful Auction Purchaser can withdraw from e-Auction; NCLAT upheld refund of EMD and first instalment

In a case challenging the Adjudicating Authority’s order to withdraw from e-auction process and refund of EMD and first instalment, the Tribunal held that the Adjudicating Authority can allow the Successful Auction Purchaser to withdraw from e-auction process when the balance bid amount is due because of the attachment of the assets of the Corporate Debtor.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CERC| Imposition of Safeguard Duty on import is a ‘Change in Law’ event in Power Purchase Agreement

The Central Electricity Regulatory Commission held that the imposition of Safeguard Duty through notification issued by Department of Revenue is a ‘Change in Law’ event as per Article 12 of Power Purchase Agreement.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT| After closure of Challenge Process and consequent receipt of resolution plan, Adjudicating Authority cannot direct consideration of the revised plan submitted thereafter

National Company Law Appellate Tribunal observed that once the CoC has decided to vote on the resolution plans after closure of challenge process, the Adjudicating Authority cannot direct the CoC to consider any revised plan submitted thereafter.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Deduction of TDS and deposit in Form 16-A under Section 194-A of Income Tax Act proves the deduction was TDS relating to ‘Interest other than interest on securities’: NCLAT observes

In the instant matter an appeal was preferred against the order of NCLT admitting S. 7 IBC application or repayment of financial debt. Upholding the order of the NCLT, the Tribunal held that even if there is no proof of loan agreement other materials on record can prove the financial debt.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC calls for action against dilapidated condition of a District Child Protection Office in Chennai

The National Human Rights Commission recently called State Human Rights Commission Tamil Nadu and other authorities to act upon the dilapidated condition of District Child Protection Office, Royapuram.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Strong reason required to keep the application in abeyance; NCLAT dismisses appeal finding no error in Adjudicating Authority’s order

The Tribunal observed that an application under S. 12A cannot be entertained after approval of Resolution Plan by CoC.

Case Briefs District Court

Delay in land acquisition compensation; Gurgaon District Court attaches Executive Engineer’s office

‘The bureaucracy defends the status quo long past the time when the quo has lost its status.' Gurgaon Civil Court orders attachment of the office of Executive Engineer, PWD (B&R) due to delay in compensation against land acquired in 1966.

Case Briefs International Courts

ECJ mandates employers to reimburse cost of spectacles and lenses for work involving display screen equipment

European Court of Justice: In a landmark ruling the Bench comprising A. Prechal (President), M.L. Arastey Sahún (Rapporteur), F. Biltgen, N. Wahl

Case Briefs Tribunals/Commissions/Regulatory Bodies

Cancelled Flat Bookings amount to non-performance of service; CESTAT directs Authorities to refund service tax to Builder

CESTAT states that cancelled flat bookings amount to non-performance of service,Held that Service tax is not applicable if no service is rendered.

Case Briefs District Court

[Chanda Kochhar Case] CBI Court allows addition of the charge of breach of trust in the FIR

The Special Judge of CBI Court reiterated that it is not necessary for the IO to seek prior permission of the Court for adding or deleting Sections , on the basis of material collected by him, and can intimate about it to the Court.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Bureau of Energy Efficiency takes suo motu verification test on a sample refrigerator of Whirlpool India and found quality non-compliance; Appellate Tribunal for Electricity sets aside the order

The Tribunal stated that since the first test report was deficient, it did not stand legal scrutiny and was directed to treat the second test report as the first test report in continuation of their investigation.

Case Briefs District Court

Mere call detail records are not sufficient to proceed against the accused; Saket Court, Delhi releases accused charged for conspiracy and murder

Saket Court, Delhi released an accused charged for conspiracy and murder and the Court held that mere call detail records were not sufficient to proceed against the accused.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT constitutes High Level Committee to combat Pollution in River Yamuna

NGT constitutes High Level Committee to be headed by Lieutenant Governer, Delhi to combat unabated pollution caused in River Yamuna and directed to adhere to the timelines laid down.

Case Briefs Foreign Courts

Eskom’s cry about risk of collapse of national grid rings hollow in the face; Constitutional Court of South Africa directs Eskom to supply electricity

The Supreme Court of Appeal dismissed an appeal against the judgment and order of the High Court of South Africa, directing the applicant, Eskom to supply electricity to the two defaulting municipalities pending the institution of review proceedings.

Case Briefs District Court

Court of Appeal | Application of Principle of Separability requires a legally binding arbitration agreement

The Court of Appeal upheld the decision of the High Court setting aside the arbitral award observing that the application for the Principle of Separability requires a binding arbitration agreement.

Case Briefs Tribunals/Commissions/Regulatory Bodies

UPRERA interprets Section 2 (zk) of RERA Act; upholds Saya Cementation Ltd. as a Promoter in ‘Oh My God’ project

“The request of Saya Cementations to be the promoter of the project along with Alisa Infratech to comply with all the pending and forthcoming obligations jointly and severely under the rules and regulations of the RERA Act was accepted by the Authority”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT refuses to grant interim relief to Google; directs to deposit 10% of ₹ 936 crore penalty

National Company Law Appellate Tribunal, New Delhi: While deciding an appeal filed against the Competition Commission of India's (CCI) order imposing a

Case Briefs District Court

Haryana Court | Right to earn in consideration of work done under an employment is an essence covered by Article 21 of the Constitution of India

Vikrant J. recorded that when the benefit of two ACPs was granted to the plaintiff after the completion of 10 and 20 years of service respectively, there is no justification for not granting him the benefit of 3rd ACP after the completion of 30 years of satisfactory service before retirement.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Adjudicating Authority is obligated to give direction for liquidation only when CoC’s decision is in accordance with IBC: NCLAT

In the instant matter, an appeal was filed challenging NCLT's order directing the CoC to reconsider its decision. Upholding the NCLT's order, the Tribunal held that when the CoC's decision for liquidation is in accordance with IBC, then only NCLT's obligation to direct liquidation will arise.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT cannot direct modifications of claims once the Resolution Plan is approved

In instant matter, the appellants filed an appeal challenging the NCLT order approving the Resolution Plan approved by the CoC. The NCLAT held that once Resolution plan is approved by CoC, it cannot direct modifications of claims to Resolution Plan as the Tribunal does not have residual equity-based jurisdiction.