AI Overview...
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Triggering Threshold in Legal and Safety Contexts
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Vehicle Safety Features: The force or impact required to trigger safety mechanisms like seat belts and airbags must be clearly disclosed to consumers. For instance, the threshold force for deploying airbags was not specified, constituting an unfair trade practice due to lack of material information (Sources: CG Power & Industrial Solutions Limited VS Mercedes-Benz India Priviate Limited - Consumer, Hyundai Motor India Limited VS Shailender Bhatnagar - Consumer).
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Insolvency and Bankruptcy Proceedings: The initiation of insolvency processes under the IBC relies on meeting a specific monetary threshold of operational debt. Several cases highlight that if the outstanding amount does not meet this threshold, proceedings are dismissed. For example, courts dismissed applications where the debt was below the statutory limit, or where the debtor successfully proved payments below the threshold (Sources: M/s. PENNAR INDUSTRIES LIMITED vs M/s. HI - ESTEEM AUTO KOMPONENTS PRIVATE LIMITED - National Company Law Tribunal, AQUARIUS H2O DYNAMICS PRIVATE LIMITED VS M/S RIDDHI SIDDHI METALS THROUGH ITS PARTNER MR. HARDIK JAIN - National Company Law Appellate Tribunal, Jindal SMI Coated Products Limited vs Total Print Solutions Private Limited - National Company Law Tribunal, M/s Ashok Kumar Sinha (HUF) & Ors vs M/s Imperia Structures Limited - National Company Law Tribunal, Pankaj Mehta & Ors VS M/S ANSAL HI-TECH TOWNSHIPS LIMITED - National Company Law Appellate Tribunal, Vishnu Oil Mill Private Ltd. VS Union of India, Through Secretary, Ministry of Corporate Affairs - Rajasthan).
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Legal Thresholds for Criminal and Regulatory Actions: In drug trafficking under the NDPS Act, substantial quantities meeting the threshold trigger strict provisions, including denial of bail. Similarly, in competition law, thresholds for mergers require approval from authorities, and failure to meet these thresholds affects legal proceedings (Sources: Het Ram vs State of Himachal Pradesh - Himachal Pradesh, Nehru Place Hotels Private Ltd. vs Lakewood Estate Private Limited - National Company Law Tribunal).
Analysis and Conclusion:
The concept of a triggering threshold plays a critical role across various legal and safety domains. In vehicle safety, it pertains to the minimum impact force required for deploying safety features, which must be transparently disclosed to avoid unfair trade practices. In insolvency law, thresholds determine eligibility to initiate proceedings, with courts dismissing cases where debts fall below specified limits. Similarly, in criminal law, thresholds of quantity or value activate specific legal provisions. Overall, clear specification of these thresholds ensures transparency, fair legal processes, and safety standards.
Search Results for "Triggering Threshold"
• India - Consumer
V.K.JAIN
was not such strong / forceful as would have triggered the ATR of the driver’s seat belt and did not exceed the pre-determined threshold ... indulged into acts of unfair trade practice by not giving complete material information to buyers with respect to functioning and triggering ... to the buyers of their E-Class Cars, as well as on their website, provide adequate information with respect to the deployment / triggering ... Therefore, it would be necessary for them to disclose to the buyers as to what the predetermined levels, necessary ....
2025 0 Supreme(HP) 1076 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
for commercial quantity, thereby triggering strict provisions of the NDPS Act. ... ... ... Ratio Decidendi: The court ruled that the substantial quantity of contraband justifies refusal of bail as it meets the threshold
2025 Supreme(Online)(NCLT) 863 • India - National Company Law Tribunal
Shri. JYOTI KUMAR TRIPATHI, Shri. RAVICHANDRAN RAMASAMY, JJ
The debtor claimed the actual outstanding amount was below the threshold for initiating proceedings under Section 9 of the IBC. ... supplied and pricing issues prior to the demand notice, thus dismissing the petition as the operational debt fell below the statutory threshold ... of Court: ... The Tribunal found that the Operational Creditor failed to establish an undisputed operational debt exceeding the threshold ... It is further submitted that taking both the value of defective goods and the unadjusted price reductions into account, t....
• India - Consumer
C.VISWANATH
The impact/force required for triggering the front airbags was not made known to the Complainant. Nowhere has the minimum threshold force been quantified and this defence can never be refuted. ... Highlighting safety features including airbags while selling the car and not elaborating and disclosing the threshold limits for their opening is by itself an unfair trade practice. Complainant, however, had filed photographs of the accidental car. ... Learned Counsel for the Appellant argued that the SRS Investigation report dated 01.12.2017 cl....
2025 Supreme(Online)(NCLAT) 267 • India - National Company Law Appellate Tribunal
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Arun Baroka (Member (Technical)) , Hon'ble Mr. Barun Mitra (Member (Technical)) ,
... ... Issues: Whether the threshold limit of operational debt claimed by the Operational Creditor was met. ... application by Adjudicating Authority - Corporate Debtor claimed payments made to Operational Creditor were suppressed, affecting threshold ... ruled that the Adjudicating Authority erred in admitting the application under Section 9 due to the failure to meet the minimum threshold ... Triggering of CIRP in the present facts of the case where, prima-facie, the outstanding liability is below the thres....
2025 Supreme(Online)(NCLT) 4099 • India - National Company Law Tribunal
SAMEER KAKAR, MEMBER (TECHNICAL), NILESH SHARMA, MEMBER (JUDICIAL)
for Maintainability - Determination of debt under Section 4; court held that only principal amount established below statutory threshold ... the Operational Creditor failed to provide any evidence of mutual consent for interest; thus, the purported debt fell below the threshold ... Issues: The primary issue was whether interest on unpaid invoices could be deemed part of the operational debt to satisfy statutory threshold ... Triggering of CIRP in the present facts of the case where, prima-facie, the outstanding liability....
2025 Supreme(Online)(NCLT) 2462 • India - National Company Law Tribunal
SHRI MANNI SANKARIAH SHANMUGA SUNDARAM, SHRI ATUL CHATURVEDI, JJ
Insolvency and Bankruptcy Code, 2016 - Section 60(5) - Joint application by financial creditors - Petition dismissed for not satisfying threshold ... Consequently, the allottees of these projects are financial creditors of separate real estate projects, and therefore, their claims cannot be aggregated for the purpose of triggering the insolvency resolution process under a href="./.. ... Hence, even at the threshold, viz. in the brochure itself, the Corporate Debtor had detailed the different projects being developed on the Said Land. h. .....
2024 Supreme(Online)(NCLAT) 597 • India - National Company Law Appellate Tribunal
Hon'ble Justice M. Venugopal (Member(Judicial)) , Hon'ble Mr. Arun Baroka (Member (Technical)) ,
application for initiation of Corporate Insolvency Resolution Process (CIRP) on grounds of non-maintainability due to failure to meet threshold ... The Adjudicating Authority dismissed the application, stating it was not maintainable as the applicants did not meet the required threshold ... ``Under the second proviso, a new threshold has been declared for an allottee to move an application under Section 7 for triggering the insolvency resolution process under the Code. ... It is the `Liquidity’, which is the foundation f....
2022 0 Supreme(Raj) 465 • India - Rajasthan
SANDEEP MEHTA, KULDEEP MATHUR
This will by and large prevent triggering of insolvency proceedings against MSMEs. ... Shri Hemant Kothari, learned counsel representing the petitioner vehemently and fervently contended that previously, the threshold limit for triggering Corporate Insolvency Resolution Process (hereinafter referred to as "CIRP") qua the private financial creditors was Rs.1 lakh only. ... Despite that, the petitioner has ventured into questioning the validity of Section 7 of the IBC claiming that the challenge so laid is on a totally different proposition....
2025 Supreme(Online)(NCLT) 2194 • India - National Company Law Tribunal
SH. HARNAM SINGH THAKUR, SH. ASHISH VERMA, JJ
Competition Act, 2002 and triggering the threshold limits as specified therein, requires to obtain an approval from the Competition Commission of India in terms of Section 6 of the Section 5 of the Competition Act, 2002 and hence, the same does not qualify as ‘Combination’ under the a href="./..
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