All Tribunals Case Commentaries

Enhancing Consumer Protection in Real Estate: Jurisdiction of Consumer Forums Affirmed Despite RERA

Date: Aug 25, 2020

Enhancing Consumer Protection in Real Estate: Jurisdiction of Consumer Forums Affirmed Despite RERA Disclaimer: This commentary is intended for informational purposes only and does not constitute...

Unfair Trade Practices in Real Estate: Debashis Sinha v. R.N.R. Enterprise

Date: Aug 22, 2020

Unfair Trade Practices in Real Estate: Debashis Sinha v. R.N.R. Enterprise Introduction The case of Debashis Sinha And Others Complainants v. R.N.R. Enterprise Rep. By Its Proprietor/Chairman Mr....

Limitations on Challenges to Approved Resolution Plans under the Insolvency & Bankruptcy Code: Insights from Shree Sidhivinayak Cotspin Pvt. Ltd. v. Resolution Professional of Maruti Cotex Ltd.

Date: Aug 21, 2020

Limitations on Challenges to Approved Resolution Plans under the Insolvency & Bankruptcy Code: Insights from Shree Sidhivinayak Cotspin Pvt. Ltd. & Anr v. Resolution Professional of Maruti Cotex Ltd....

Agreement Prior to Registration and Stamp Duty Valuation: ITAT Clarifies Application of Section 56(2)(vii)

Date: Aug 20, 2020

Agreement Prior to Registration and Stamp Duty Valuation: ITAT Clarifies Application of Section 56(2)(vii) Introduction The case of Radha Kishan Kungwani, Ajmer v. Income Tax Officer, Ward-1-2,...

NCLAT's Clarification on Financial Creditor Status under IBC: Vipul Ltd. vs. Solitaire Buildmart Pvt. Ltd.

Date: Aug 19, 2020

NCLAT's Clarification on Financial Creditor Status under IBC: Vipul Ltd. vs. Solitaire Buildmart Pvt. Ltd. Introduction The case of Vipul Limited v. Solitaire Buildmart Pvt. Ltd. adjudicated by the...

Enforcement of Mandatory Minimum Penalties under SEBI Act: SEBI Upholds Rs 5 Lakh Fine against Ashok Kumar Damani

Date: Aug 19, 2020

Enforcement of Mandatory Minimum Penalties under SEBI Act: SEBI Upholds Rs 5 Lakh Fine against Ashok Kumar Damani Introduction The Securities and Exchange Board of India (SEBI) recently delivered a...

Negligence in Safeguarding Insured Vehicles Leads to Claim Repudiation: Insights from BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. v. ASTHA CEMENT PVT. LTD.

Date: Aug 19, 2020

Negligence in Safeguarding Insured Vehicles Leads to Claim Repudiation: Insights from BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. v. ASTHA CEMENT PVT. LTD. Introduction The case of BAJAJ ALLIANZ GENERAL...

Validation of Transfer of Optionally Convertible Debentures for Initiating CIRP: Nailesh Dresswala v. MTC E-COM Pvt Ltd

Date: Aug 18, 2020

Validation of Transfer of Optionally Convertible Debentures for Initiating CIRP Introduction The case Nailesh Dresswala v. MTC E-COM Pvt Ltd adjudicated by the National Company Law Tribunal (NCLT)...

Maintainability of Section 9 IBC Applications: Insights from Creative Infraheights Pvt Ltd v. JBK Developers Pvt Ltd

Date: Aug 18, 2020

Maintainability of Section 9 IBC Applications: Insights from Creative Infraheights Pvt Ltd v. JBK Developers Pvt Ltd Introduction The case of Creative Infraheights Pvt Ltd v. JBK Developers Pvt Ltd...

Establishing Seller Accountability in Seed Quality Disputes: Analysis of Shrihari Limraj Karanjkar v. Ajeet Seeds Limited

Date: Aug 18, 2020

Establishing Seller Accountability in Seed Quality Disputes: Analysis of Shrihari Limraj Karanjkar vs. Ajeet Seeds Limited Introduction The case of Shrihari Limraj Karanjkar vs. Ajeet Seeds Limited,...

Threshold Limits for Initiating Corporate Insolvency: Sushil Ansal v. Ashok Tripathi Establishes Critical Precedent

Date: Aug 15, 2020

Threshold Limits for Initiating Corporate Insolvency: Sushil Ansal v. Ashok Tripathi Establishes Critical Precedent Introduction The case of Sushil Ansal v. Ashok Tripathi and Others adjudicated by...

Ensuring Natural Justice in Tax Revisions: Insights from M/s Jaydurga Minerals v. CIT, Cuttack

Date: Aug 11, 2020

Ensuring Natural Justice in Tax Revisions: Insights from M/s Jaydurga Minerals v. CIT, Cuttack Introduction The case of M/s Jaydurga Minerals, Cuttack v. CIT, Cuttack adjudicated by the Income Tax...

NCLAT Upholds Committee of Creditors' Power to Liquidate Without Resolution Steps in CIRP

Date: Aug 11, 2020

NCLAT Upholds Committee of Creditors' Power to Liquidate Without Resolution Steps in CIRP Introduction The case of Sunil S. Kakkad v. Atrium Infocomm Pvt Ltd & Anr. adjudicated by the National...

Legal Commentary: Jalandhar Improvement Trust v. Mahabir Prasad - Consumer Rights in Property Allotment

Date: Aug 11, 2020

Consumer Rights in Property Allotment: Insights from Jalandhar Improvement Trust v. Mahabir Prasad Introduction The case of Jalandhar Improvement Trust v. Mahabir Prasad was adjudicated by the State...

NCLT Mumbai Dismisses Operational Debt Claim Due to Lack of Direct Contractual Relationship and Prohibition of Fee-Sharing Arrangements

Date: Aug 11, 2020

NCLT Mumbai Dismisses Operational Debt Claim Due to Lack of Direct Contractual Relationship and Prohibition of Fee-Sharing Arrangements Introduction The case of Shree Pathology Laboratory Operational...

DCIT, Faridabad v. M/s. Knorr Bremse India Pvt. Ltd., Palwal: Establishing TNMM as the Preferred Method for Determining ALP in Absence of Comparable Data

Date: Aug 8, 2020

Establishing TNMM as the Preferred Method for Determining ALP in Absence of Comparable Data Introduction The case of DCIT, Faridabad v. M/s. Knorr Bremse India Pvt. Ltd., Palwal adjudicated by the...

Kotak Investment Advisors Limited v. Krishna Chamadia: Upholding Due Process in Corporate Insolvency

Date: Aug 6, 2020

Kotak Investment Advisors Limited v. Krishna Chamadia: Upholding Due Process in Corporate Insolvency Introduction The case of Kotak Investment Advisors Limited v. Krishna Chamadia And Others...

Edelweiss Asset Reconstruction Company Ltd. v. M/S Nishiland Park Ltd. and Ors: A Landmark Decision on Debt Recovery and Supervisory Jurisdiction

Date: Aug 5, 2020

Edelweiss Asset Reconstruction Company Ltd. v. M/S Nishiland Park Ltd. and Ors: A Landmark Decision on Debt Recovery and Supervisory Jurisdiction Introduction The case of Edelweiss Asset...

Enhancing Consumer Protection in Insurance Contracts: Insights from Satya International vs. New India Assurance

Date: Aug 5, 2020

Enhancing Consumer Protection in Insurance Contracts: Insights from Satya International vs. New India Assurance Introduction The case of Satya International Through Its Partner Harishbhai Fatandas...

SEBI Grants Relaxation for Wintac Limited's Equity Shares Delisting Amid COVID-19 Pandemic

Date: Aug 1, 2020

SEBI Grants Relaxation for Wintac Limited's Equity Shares Delisting Amid COVID-19 Pandemic Introduction The Securities and Exchange Board of India (SEBI) rendered a pivotal decision on July 31, 2020,...