All Tribunals Case Commentaries

Pre-Existing Dispute Requirement Under Section 9 IBC: Insights from Sumilon Polyester Pvt. Ltd. v. Parikh Packaging Pvt. Ltd.

Date: Dec 24, 2020

Pre-Existing Dispute Requirement Under Section 9 IBC: Insights from Sumilon Polyester Pvt. Ltd. v. Parikh Packaging Pvt. Ltd. Introduction Sumilon Polyester Pvt. Ltd. v. Parikh Packaging Pvt. Ltd. is...

Charging Additional Cost for Carry Bags as Unfair Trade Practice: Big Bazaar vs Ashok Kumar

Date: Dec 23, 2020

Charging Additional Cost for Carry Bags as Unfair Trade Practice: Big Bazaar vs Ashok Kumar Introduction The case of Big Bazaar (Future Retail Ltd.) vs. Ashok Kumar was adjudicated by the National...

CESTAT Rules Penalty and Liquidated Damages as Non-Declared Services under Section 66E(e)

Date: Dec 23, 2020

CESTAT Rules Penalty and Liquidated Damages as Non-Declared Services under Section 66E(e) Introduction The case of South Eastern Coalfields Ltd. v. Commissioner Of Central Excise And Service Tax...

Imposition of Additional Carry Bag Charges Without Prominent Notice: Big Bazaar v. Ashok Kumar

Date: Dec 23, 2020

Imposition of Additional Carry Bag Charges Without Prominent Notice: Big Bazaar v. Ashok Kumar Introduction The case of Big Bazaar (Future Retail Ltd.) v. Ashok Kumar pertains to the imposition of...

Big Bazaar v. Sahil Dawar: A Landmark Judgment on Unfair Trade Practices in Additional Charges for Carry Bags

Date: Dec 23, 2020

Big Bazaar v. Sahil Dawar: A Landmark Judgment on Unfair Trade Practices in Additional Charges for Carry Bags Introduction The case of Big Bazaar (Future Retail Ltd.) v. Sahil Dawar represents a...

Repudiation of Insurance Claims: Insights from Mavji Kanji Jungi vs Oriental Insurance Co.

Date: Dec 23, 2020

Repudiation of Insurance Claims: Insights from Mavji Kanji Jungi & Another vs Oriental Insurance Company Ltd. Introduction The case of Mavji Kanji Jungi & Another Complainants vs. Oriental Insurance...

Unable to Process Judgment Text

Date: Dec 22, 2020

Unable to Process Judgment Text Thank you for providing the details of the judgment. However, it appears that the judgment text you've submitted is not in a readable or recognizable format. The...

Enhancing Consumer Protection: Warranty Obligations and Manufacturing Defects in Xiaomi Technology India Pvt Ltd v. Ravinder Kumar

Date: Dec 22, 2020

Enhancing Consumer Protection: Warranty Obligations and Manufacturing Defects in Xiaomi Technology India Pvt Ltd v. Ravinder Kumar Introduction The case of Xiaomi Technology India Private Limited v....

Enhancing Consumer Protection: HDFC Bank v. Jesna Jose - A Landmark Judgment on Unauthorized Forex Card Transactions

Date: Dec 22, 2020

Enhancing Consumer Protection: HDFC Bank v. Jesna Jose - A Landmark Judgment on Unauthorized Forex Card Transactions 1. Introduction The case of HDFC Bank Limited and Another v. Jesna Jose is a...

Establishing Consumer Rights in Real Estate Transactions: Gurdev Kaur Thind v. Emerging Valley Pvt. Ltd. Case Commentary

Date: Dec 22, 2020

Establishing Consumer Rights in Real Estate Transactions: Gurdev Kaur Thind v. Emerging Valley Pvt. Ltd. Case Commentary Introduction The case of Gurdev Kaur Thind vs. Emerging Valley Pvt. Ltd.,...

Reaffirmation of Financial Creditor Status: NCLAT Upholds BVN Traders in Insolvency Proceedings

Date: Dec 19, 2020

Reaffirmation of Financial Creditor Status: NCLAT Upholds BVN Traders in Insolvency Proceedings Introduction The case of Rajnish Jain The Promoter, Stakeholder And Managing Director Of Suspended...

Ensuring Natural Justice in National Company Law Tribunal Proceedings: A Comprehensive Analysis of J.M. Housing Limited v. Surender Kumar Gupta

Date: Dec 19, 2020

Ensuring Natural Justice in National Company Law Tribunal Proceedings: A Comprehensive Analysis of J.M. Housing Limited And Others v. Surender Kumar Gupta And Others Introduction The case of J.M....

Clarifying CIRP Authority and Limitation: NCLT Ahmedabad's Ruling in Bank of India v. Raghukul Cottex & Processing Pvt Ltd

Date: Dec 19, 2020

Clarifying CIRP Authority and Limitation: NCLT Ahmedabad's Ruling in Bank of India v. Raghukul Cottex & Processing Pvt Ltd Introduction The case of Bank of India v. Raghukul Cottex & Processing Pvt...

CESTAT Upholds Adequate KYC Compliance: Revocation of Customs Broker License Set Aside

Date: Dec 18, 2020

CESTAT Upholds Adequate KYC Compliance: Revocation of Customs Broker License Set Aside Introduction The case of Perfect Cargo and Logistics v. Commissioner of Customs (Airport & General) adjudicated...

CESTAT Judgment Commentary: Sara Sae P. Ltd. v. Commissioner on Service Tax and Export of Services

Date: Dec 18, 2020

CESTAT Judgment Commentary: Sara Sae P. Ltd. v. Commissioner on Service Tax and Export of Services 1. Introduction The case of Sara Sae P. Ltd. v. Commissioner, Customs, Central Excise & Service Tax,...

Invalid Initiation of Reassessment Proceedings Under Section 147/148: ITAT Delhi Quashes AO's Order Based on Erroneous Section and Lack of Application of Mind

Date: Dec 18, 2020

Invalid Initiation of Reassessment Proceedings Under Section 147/148: ITAT Delhi Quashes AO's Order Based on Erroneous Section and Lack of Application of Mind Introduction In the landmark case of...

Accord Digitech (S) v. C.C., Bangalore: A New Precedent on Importation of Multifunctional Devices and Compliance with Hazardous Waste Regulations

Date: Dec 16, 2020

Accord Digitech (S) v. C.C., Bangalore: A New Precedent on Importation of Multifunctional Devices and Compliance with Hazardous Waste Regulations 1. Introduction The case of Accord Digitech (S) v....

Page Industries Ltd Judgment: Distinction Between Distributable and Non-Distributable Promotional Materials for ITC under GST

Date: Dec 16, 2020

Page Industries Ltd Judgment: Distinction Between Distributable and Non-Distributable Promotional Materials for ITC under GST Introduction In the case of Page Industries Limited vs. Authority for...

PMLA Prevails Over IBC Amendment in Attachment of Corporate Debtor's Assets: Analysis of JM Financial v. D.D. Directorate of Enforcement

Date: Dec 15, 2020

PMLA Prevails Over IBC Amendment in Attachment of Corporate Debtor's Assets: Analysis of JM Financial v. D.D. Directorate of Enforcement Introduction The case of JM Financial Asset Re-Construction...

CESTAT's Landmark Ruling on Unauthorized Foreign Currency Export: Rajesh Kumar Ishwar Parikh v. C.C.-Ahmedabad

Date: Dec 12, 2020

CESTAT's Landmark Ruling on Unauthorized Foreign Currency Export: Rajesh Kumar Ishwar Parikh v. C.C.-Ahmedabad Introduction The case of Rajesh Kumar Ishwar Parikh v. C.C.-Ahmedabad adjudicated by the...