Tribunals/Commissions/Regulatory Bodies Archives | Page 8 of 90

national consumer disputes redressal commission

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Policy issued after inspection, objections of misrepresentation or non-disclosure cannot be raised after structure was gutted in fire: NCDRC

NCDRC concluded that the Insurance Company failed to establish any misrepresentation or non-disclosure of material facts while obtaining the insurance policy.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT issues notice to authorities for UN’s prediction of ‘low’ groundwater level in India by 2025

The National Green Tribunal issued notice to Central Ground Water Authority; Ministry of Jal Shakti; Ministry of Environment, Forest and Climate Change and various States’ Department of Water Resources.

Case Briefs Tribunals/Commissions/Regulatory Bodies

No significant improvement in Delhi’s AQI; NGT directs authorities to take all possible measures to ensure improved air quality

Considering the human health aspect, the authorities are expected to take best possible measure to improve the air quality in the city.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Stubble fires in Punjab | Selective approach and no uniformity in registering FIRs against farm fires: NGT

The NGT said that the Chief Secretary’s direction to accord top priority to control the stubble burning and ensure that such incidents are immediately reduced to zero, however, did not bring about any fruitful results.

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Limitation period for appeals starts from date of Rectification Order when merged with Original Order: NCLAT

The NCLAT directed the Adjudicating Authority to hear and decide the application under Section 7 of the IBC expeditiously, treating it as not covered by Section 10A of the IBC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

After surgery in 1991, woman suffering for 12 years finds nut-bolt inside body; NCDRC upholds compensation of Rs 13.77 lakhs

The opposite parties denied her admission or operation in the clinic and also refuted the removal of rusted nut and bolt by claiming that they ought to be stainless steel material for medical use.

district consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs Indigo to pay compensation of Rs 70,000 for their failure to deliver checked-in luggage of a holiday bound couple

The Commission stated that the Indigo’s deficiency in services caused the married couple irrevocable hardship and spoiled their holiday mood.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Refusal to re-hear matter after reservation of order in company petition does not cause miscarriage of justice: NCLAT

“Debt acknowledgment in balance sheets and OTS proposal demonstrated Corporate Debtor’s awareness of assignment, rendering technical challenges unfounded.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Financial Debt claim under Section 5(8) of IBC cannot be entertained after CoC’s approval of Resolution Plan: NCLAT

The NCLAT reiterated the importance of adhering to timelines in the Insolvency resolution process and the unacceptability of claims filed after the approval of the Resolution Plan by the CoC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

IBC| Doctrine of promissory estoppel cannot be applied against approved Resolution Plan: NCLAT

NCLAT upheld the Adjudicating Authority’s order on finding no error in rejecting the appellant’s objections to the Resolution Plan.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Corporate Debtor’s early denial of liability indicates pre-existing dispute; rejection of the Section 9 application justified: NCLAT

While affirming the impugned order, the NCLAT granted the appellant option to pursue proceedings as per the agreement between the parties before an appropriate forum in accordance with the law.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Admitted Claim versus Security Interest’; NCLAT determines how to distribute Corporate Debtor’s assets to Secured Creditors

The NCLAT reiterated that Commercial wisdom of the CoC is crucial in determining the viability and feasibility of a resolution plan.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT issues notice in appeal against NCLT’s rejection of challenge to Lay-Off notice under Industrial Disputes Act

The main contention of the appellants is that the lay-off notice was not issued in accordance with the provisions of the Industrial Disputes Act, 1947.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Belated claims, even if allegedly due to fraud, may not be admitted once Resolution Plan is approved: NCLAT

The NCLAT rejected Resolution Professional’s reliance on Section 17 of the Limitation Act, 1963, as no fraud was found on the part of the Corporate Debtor.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Withdrawal of suit cannot be considered as failure of prior proceeding’; NCLAT rejects Section 9 application as being time-barred

A mere availability of arbitration or any other proceeding could not preclude the operational creditor from initiating proceedings under Section 9 of the IBC. The critical question would be whether the application was filed within the limitation period.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Single Real Estate Allottee cannot trigger Insolvency Proceedings under Section 7 of IBC: NCLAT

The underlying claim of an aggrieved party, such as an allottee, is crystallized in the form of a court order or decree, and this does not alter or disturb their status as financial creditors.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT affirms dismissal of minority homebuyers’ challenge to Resolution Plan; says it does not fall foul of law on reduction in claim

The democratic principles of the determinative role of majority opinion are enshrined in the IBC, and objections by a minority within a class, when the majority has approved a resolution plan, have no legal standing.

immediate remedial action for severe air quality index

Case Briefs Tribunals/Commissions/Regulatory Bodies

Severe Air Quality Index | NGT directs States’ Chief Secretaries to take immediate remedial action

The Air Quality Bulletins showed that there are various cities where the air quality index has dipped to ‘very poor’ or even to ‘severe’ stage.

National Financial Regulatory Authority Lexus Granito India Ltd

Case Briefs Tribunals/Commissions/Regulatory Bodies

NFRA imposes monetary penalty on Statutory Auditor and Engagement Partner of Lexus Granito India Ltd. in view of their professional misconduct

It is the duty of the auditor to conduct audit with professional skepticism and due diligence and report their opinions in an unbiased manner and the same was not done in this case.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Irrevocable and unconditional bank guarantees can be invoked during moratorium period: NCLAT

“The ‘Bank Guarantee’ is a ‘contract of Guarantee’ provided/furnished by the Bank, the “surety”, to perform the ‘promise’, or ‘discharge’ the liability, of the third person, being the Corporate Debtor herein, in case of his ‘default’.”