“A RIGHT IS NOT WHAT SOMEONE GIVES YOU: IT’S WHAT NO ONE CAN TAKE FROM YOU.”
ALTERNATIVE DISPUTE RESOLUTION
Chandan Gupta v. Supertech Limited
Builders cannot forfeit homebuyer money for cancellation due to project delay – NCDRC
The National Consumer Disputes Redressal Commission held that builders cannot forfeit amounts paid by homebuyers when cancellation is sought because of unreasonable project delays.
The Commission directed Supertech to refund more than ₹1 crore to a buyer for delay in delivery of a residential property in Noida.
Vasavi Engineering College Parents Association v. State of Telangana and Others
Engineering college fee structure falls within TAFRC jurisdiction – Supreme Court
The Supreme Court held that determination of engineering college fee structures falls exclusively within the jurisdiction of the Telangana Admissions and Fee Regulatory Committee (TAFRC).
The Court observed that High Courts cannot assume the role of appellate authorities over decisions taken by expert regulatory bodies.
The Judgement can be accessed at:
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ONGC Petro Additions Limited (OPaL) v. Tecnimont S.P.A and Another
Refusal to permit additional documents is not an interim award under Arbitration Act – Delhi High Court
The Delhi High Court held that an arbitral tribunal’s refusal to permit production of additional documents does not amount to an “interim award”.
The Court clarified that such procedural orders cannot be challenged under Section 34 of the Arbitration and Conciliation Act.
Reckitt Benckiser (India) Private Limited v. Reynders Label Printing India Private Limited and Anr
Supreme Court declines to apply Group of Companies doctrine to foreign affiliate
The Supreme Court refused to implead a foreign company in arbitration proceedings by applying the “Group of Companies” doctrine.
The Court held that there was no clear intention shown through correspondence or contractual arrangements to bind the foreign affiliate to the arbitration agreement.
The Judgement can be accessed at:
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K. Chopra v. Registrar General Delhi High Court
Delhi High Court upholds mandatory filing of pleadings in English
The Delhi High Court upheld the validity of rules requiring pleadings before the Court to be filed only in English.
The Court rejected challenges claiming inconsistency with the Delhi Official Languages Act, 2003.
The Judgement can be accessed at:
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Madhav Prasad Aggarwal & Anr v. Axis Bank Ltd & Anr
Plaint under Order VII Rule 11 CPC can only be rejected in entirety – Supreme Court
The Supreme Court held that a plaint cannot be partially rejected against certain defendants or specific portions alone.
The Court clarified that rejection under Order VII Rule 11 CPC must apply either to the entire plaint or not at all.
The Judgement can be accessed at:
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CORPORATE
Commissioner of Customs, (Preventive) West Bengal v. Ram Swarup Industries Ltd & Ors
Customs authorities cannot auction assets during insolvency moratorium – NCLAT
The National Company Law Appellate Tribunal dismissed a plea by customs authorities seeking auction of goods belonging to a company undergoing insolvency proceedings.
The Tribunal held that assets cannot be alienated during the moratorium period under the Insolvency and Bankruptcy Code.
The Judgement can be accessed at:
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Sudip Roy Choudhury v. JCIT (TDS)
Sudden resignation of accountant constitutes sufficient cause for TDS filing delay – ITAT
The Kolkata Bench of the Income Tax Appellate Tribunal held that delay in filing TDS returns caused by sudden resignation of the assessee’s accountant constituted sufficient cause.
The Tribunal granted relief considering the exceptional circumstances surrounding the default.
The Order can be accessed at:
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Amira Pure Foods Private Limited v. Canara Bank and Ors
IBC moratorium does not remove DRAT powers to modify commissioner appointment – Delhi High Court
The Delhi High Court held that moratorium under Section 14 of the IBC does not prevent the Debt Recovery Appellate Tribunal from recalling or modifying earlier orders appointing Court Commissioners.
The Court clarified limits of moratorium protections during insolvency proceedings.
The Judgement can be accessed at:
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M/s Urmila Devi Charitable Trust v. Commissioner of Income Tax (Exemptions)
Single doubtful donation cannot deny tax exemption to charitable trust – ITAT
The Delhi Bench of the ITAT held that tax exemption cannot be denied to a charitable trust merely because one donation received during a particular year is questioned.
The Tribunal found insufficient evidence supporting allegations against the trust.
The Order can be accessed at:
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Educomp Infrastructure & School Management Limited v. Mr Vinod Kumar Dandona & Ors
Unrelated parties not obligated to provide information under Section 19 IBC – NCLT
The National Company Law Tribunal held that Section 19 of the IBC obligates only persons connected with the corporate debtor or former management to cooperate with the Interim Resolution Professional.
The Tribunal clarified that unrelated third parties are not bound to furnish information under the provision.
The Order can be accessed at:
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Rotomac Global Private Limited v. Deputy Director Directorate of Enforcement
PMLA and IBC operate simultaneously without overriding each other – NCLAT
The National Company Law Appellate Tribunal held that proceedings under the Prevention of Money Laundering Act and the Insolvency and Bankruptcy Code can continue simultaneously.
The Tribunal clarified that neither statute overrides the other.
The Judgement can be accessed at:
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COMPETITION
Karni Communication Private Ltd & Karni Telnet Private Ltd v. Haicheng Vivo Mobile (India) Private Ltd
CCI dismisses anti-competitive practices complaint against Vivo distributor
The Competition Commission of India dismissed allegations that restrictions imposed by Vivo distributor Haicheng violated competition law.
The Commission observed that restrictions on online sales and distributor territories did not cause appreciable adverse effect on competition.
The Order can be accessed at:
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Mr Nadie Jauhri v. Jalgaon District Medicine Dealers Association (JDMDA)
CCI penalises medicine dealers association for anti-competitive PIS charges
The Competition Commission of India imposed penalties on Jalgaon District Medicine Dealers Association and its office bearers for anti-competitive collection of Product Information Service charges.
The Commission held that mandatory PIS charges restricted supply of pharmaceutical products and violated Section 3 of the Competition Act.
The Order can be accessed at:
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INFORMATION TECHNOLOGY
Gopal Nagar Awasiya Welfare Association v. North MCD
No scientific evidence proving mobile towers hazardous to health – Delhi High Court
The Delhi High Court dismissed a petition challenging installation of a mobile tower in a residential locality.
The Court observed that no conclusive scientific evidence was produced showing that emissions from mobile towers are harmful to human health.
Advance Ruling Authority Kerala – Colortone Process Pvt Ltd
Printing images from digital media attracts 18% GST – AAR
The Kerala Advance Ruling Authority held that printing images from digital media attracts Goods and Services Tax at the rate of 18%.
The ruling clarified GST applicability on digital image printing services.
The Ruling can be accessed at:
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PayPal India Operations PIL Matter
Delhi High Court seeks RBI and ED response regarding PayPal operations in India
The Delhi High Court issued notice to the RBI and PayPal in a PIL alleging unauthorized operation of PayPal Payments in India.
The petition alleged violations under the Payment and Settlement Systems Act and FEMA provisions.
