Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Date of default cannot be strictly construed as the date of Non-Performing Assets

In the instant matter, the Adjudicating Authority dismissed S. 7 IBC application on the ground of limitation and the Tribunal acknowledged that there was default and debt, and the application is not barred by limitation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Service tax not payable for ‘deemed sales’; CESTAT sets aside the order passed by the Commissioner LTU, Delhi

The supply of ISO Tankers on lease/rental basis by foreign suppliers to the appellant would amount to a ‘deemed sale’ under Article 366(29A) of the Constitution as the appellant throughout had effective control and possession over the ISO Tankers.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Information under section 2(f) refers to material already available with public authorities; CIC reiterates

A combined reading of the provisions of the RTI Act and the observation of the Supreme Court crystalizes the interpretation and meaning of the word ‘information’ as defined in the section 2(f) of the Act which only refers to such material as is already available in the records of the public authority.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT: Petrol Pump near Veeranam Lake doesn’t violate CPCB’s 50 Meter guideline

It was alleged that less than 50 meters of distance between Veeranam Lake and the proposed petrol pump violated the addendum of 16.08.2021 to the guidelines of 7.1.2020 issued by the Central Pollution Control Board.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether CoC after approval a Resolution Plan can seek direction to consider a new Resolution Plan of a third party who was not a part of the CIRP Proceedings? NCLAT answers

National Company Law Appellate Tribunal, New Delhi: A bench consisting of Anant Bijay Singh, J., and Shreesha Merla* (Technical Member)

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT sets aside clean chit to DLF in allegations of abuse of dominant position case; CCI to hear matter afresh

In the case at hand, a buyer of an apartment in a DLF Project had allegedly found several clauses of the buyer-seller agreement reflecting abuse of dominance position by DLF which was “highly unfair and discriminatory” to the buyer.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Commissioner ought to have followed Supreme Court’s Ranbaxy Laboratories verdict’; CESTAT grants interest on delayed sanction of Refund claim under Rule 5 of CENVAT Credit Rules

“When series of decisions of Constitutional Courts are available then the Principle of Judicial discipline cast a duty on me to follow those and nothing else”, observed the Tribunal.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can lease be cancelled on the ground of ecological repercussion? NGT to determine the scope of its jurisdiction

It has been alleged that the Ecological concerns have not been taken into consideration while granting lease to certain Salt Plants. NGT will now decide if it has the power to cancel the lease on the grounds that the lease has an adverse impact on the environment.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Leniency application is like admission of guilt in a cartel; NCLAT upholds penalty imposed on United Breweries, Carlsberg and All India Breweries Association

NCLAT while deciding the issue of cartelisation by breweries observed that lesser penalty application indicates admission of guilt and held United Breweries, Carlsberg India Pvt. Ltd. and All India Breweries Association liable for cartelisation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC reacts in negative when the Complainant tries to outstretch the scope and ambit of Section 2(f) of the RTI Act

The issue raised by the Complainant during hearing in the instant matter is not as much as about seeking access to information per se and in fact, it is about the Complainant’s resolve of bringing to fore his grievance pertaining to alleged delay caused by Damodar Valley Corporation in reimbursement of medical expenditure/ bills of pensioners and further seeking clarifications from the CPIO in this regard.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | No Liquidator has any ‘personal rights’, to continue in Liquidation Process; Adjudicating Authority can order for replacement of Liquidator

National Company Law Appellate Tribunal | The bench comprising of M. Venugopal, J. and Naresh Salecha* (Technical Member) held that

National Consumer Disputes Redressal Commission (NCDRC)

Case Briefs Tribunals/Commissions/Regulatory Bodies

Read how a complainant’s acts and omissions vis-a-vis a JCB machine’s accident, led the NCDRC to draw an adverse inference in favour of the Insurer

In the instant matter the National Consumer Disputes Redressal Commission had to determine whether the complainant's JCB machine had fallen down or overturned for the purposes of an insurance claim

Case Briefs Tribunals/Commissions/Regulatory Bodies

Rule 11 of NCLAT Rules 2016 cannot be invoked even if there is no provision in IBC to deal with certain circumstances: NCLAT

National Company Law Appellate Tribunal | Dismissing the appeals, a bench comprising of Rakesh Kumar Jain*, J. and Kanthi Narahari

Case Briefs Tribunals/Commissions/Regulatory Bodies

Plea of pre-existing dispute must co-relate with amount claimed by Operational Creditor: NCLAT

National Company Law Appellate Tribunal | Allowing the appeal as the impugned order is contrary to law, the bench comprising of Rakesh

Case Briefs Tribunals/Commissions/Regulatory Bodies

Fictional Scheme to benefit few selected related parties; NCLAT upholds Liquidation of Corporate Debtor

National Company Law Appellate Tribunal | A bench comprising of Ashok Bhushan, J., Dr. Alok Srivastava* (Technical Member) and Barun

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | No provision for making any modification in the resolution plan; Adjudicating Authority can either approve or reject it

National Company Law Appellate Tribunal held that there is no provision in Insolvency Bankruptcy Code, 2016 for alteration or modification in the resolution plan by the Adjudicating Authority

Case Briefs Tribunals/Commissions/Regulatory Bodies

Approval/Non-approval of Resolution Plan is a commercial wisdom and Tribunal can’t interfere with the commercial wisdom: NCLAT

National Company Law Appellate Tribunal | Dismissing the appeal, Ashok Bhushan, J., Kanthi Narahari (Technical Member) and Barun Mitra (Technical

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC expresses severe displeasure over the conduct of PIO for denying providing of information on 2022 DDA Policy

PIO was directed to file a written submission to justify why actions should not be initiated against him/her under section 20 of the RTI Act, 2005 for furnishing misleading and contradictory information.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Principle that governs compensating a party for the time value for money would be applied for grant of interest on carrying cost on account of a change in law event; Appellate Tribunal for Electricity reiterates

The interest in ‘carrying cost' is nothing but time value for money and the only way a party can be afforded the benefit of restitution in every which way.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Application under Section 7 IBC relating to the interest component due even if principal amount is not due, held maintainable

National Company Law Appellate Tribunal | Upholding the maintainability of an application filed under S. 7 IBC, a bench comprising of Rakesh