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.
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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.”
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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.
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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.
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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.
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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”.
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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.”
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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.
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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.
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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%.
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NCDRC directs Fortis Heart Centre to pay Rs 65 Lakhs compensation for gross negligence in conducting angioplasty
NCDRC pointed out that the Fortis hospital and the assigned doctor ignored the condition of the patient’s lungs and started angioplasty, thereby resulting in severe pulmonary edema within half an hour of beginning the procedure leading up to further complications.
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DCDRC grants compensation of Rs. 17 Lakhs to actor PK Asokan for immense mental and financial agony due to shoddy tile work in his dream home ‘Punjabi House’
“This case exemplifies the profound impact that consumer grievances can have on an individual’s life. The complainant, a well-known cine artist, trusted the assurances of the opposite parties and made a significant investment in his dream home, Punjabi House, only to be met with poor workmanship and exploitation”.
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Absence of specific waiver provision indicates Legislative Intent to strictly follow Section 43 of LLP Act: NCLT
“A provision vesting “inherent powers” on a Court or Tribunal are to be used sparingly and should not be used to imply and read in substantive powers where the statue itself does not prescribe such powers.”
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NCLT approves replacement of IRP with Insolvency Professional Entity based on CoC’s resolution & IBC’s timeline
The NCLT noted that Form AA, meant for individual Insolvency Professionals, had been modified by the Insolvency Professional Entity to fit its consent as no separate form for IPEs exists.
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NGT issues notice to CPCB & MoEFCC on recovery of 6 lakh fake EPR certificates from plastic-recycling companies in Gujarat, Maharashtra & Karnataka
The companies claimed to generate far more certificates than what their actual recycling capacity permitted for. It was also alleged that the recycling companies generated and sold fake Extended Producer Responsibility (EPR) certificates without actually recycling the plastic waste.
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Incentive of discounts declared for small/mid segment cars cannot be allowed to luxury model cars attracting higher rate of duty: CESTAT
In absence of any suppression or mis-declaration of the facts, larger period of limitation could not be invoked.
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‘Registration of premises is not a condition precedent for availing CENVAT credit’; CESTAT sets aside order disallowing CENVAT credit
The services were not received by the appellant regarding which invoices have been issued to the appellant’s other two addresses, other than the address for which service tax registration has been taken, is contrary to the contention stated by Revenue in the show cause notice. Therefore, the same is not sustainable in law.
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IC-Codecs imported by Samsung India are classifiable as ‘electronic integrated circuits’, thus are exempted from customs duty: CESTAT
The goods imported by the appellant are IC chips, which are incapable of stand-alone function or connection with any other device. The ICs are only capable of functioning as compressor/decompressor upon connection with external peripherals like power supply and interface.
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Procedural orders directing consolidation of related petitions not appealable under Section 421 of Companies Act: NCLAT
The NCLAT criticized the appellants for unnecessarily burdening the Tribunal with excessive documentation, voluminous records and citations of little value, thereby wasting Tribunal’s resources and acting contrary to professional ethics.
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NCDRC finds Care Hospital liable for deficiency in services which led to a patient contracting and ultimately dying due to Hospital Associated Infections
This 24-year-old matter revolved around a sixth-generation leading jeweller of Hyderabad who in 2002 underwent coronary surgery at Care Hospital but developed life threatening complications after the operation.
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