Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | If objections raised in regard to “Scheme” under S. 230 of Companies Act, 2013 are procedural in nature, can they be overruled? Tribunal expounds

National Company Law Appellate Tribunal (NCLAT): A Division Bench of Justice Jarat Kumar Jain (Judicial Member) and Balvinder Singh (Technical Member) while addressing

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Interest on delayed refund is payable under S. 11BB of Central Excise Act, 1944; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): S.S. Garg (Judicial Member) allowed appeals directed against the common impugned order passed by

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Builder has to mention the date of delivery of possession in agreement & failure to do so will be read against builder; Homebuyer cannot be made to wait for possession indefinitely

National Consumer Disputes Redressal Commission (NCDRC): A Division Bench of Dr S.M. Kantikar (Presiding Member) and Dinesh Singh (Member) held that, a homebuyer

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Can a consumer claim refund of principal amount if flat not delivered on time? Commission untangles two fundamentals for Buyer — Consumer

National Consumer Disputes Redressal Commission (NCDRC): A Division Bench of Justice R.K. Agarwal (President) and Dr S.M. Kantikar (Member) decided three complaints in

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Are the offices of President, Vice President, PM, Governors, LGs and CMs legally obliged under RTI Act to entertain RTI applications? Commission unfolds position

Central Information Commission (CIC): Y.K. Sinha (Information Commissioner), reiterated the Commission’s position that, offices of President, Vice President, Prime Minister, Governors, Lt. Governors

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Can driving a motor cycle without taking orientation desired by owner and resulting in accident be equated with intentional self-injury? Read Commission’s opinion

National Consumer Disputes Redressal Commission (NCDRC): V. K. Jain (Presiding Member) while addressing the present matter observed that, A negligent act such as

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | On suffering a bad outcome from medical treatment, will a person have an automatic right to sue for compensation? Read on

National Consumer Disputes Redressal Commission (NCDRC): The Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member), upheld the State Commission’s

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Can lease rentals arising out of use and occupation of a cold storage unit be categorised as ‘Operational Debt’ under S. 5(21) I&B Code? Find out Tribunal’s ruling

National Company Law Appellate Tribunal (NCLAT): A Coram of Venugopal M. (Judicial Member) and Shreesha Merla (Technical Member), while addressing the present company

Case Briefs Tribunals/Commissions/Regulatory Bodies

[SC ALERT] NCLAT’s decoder on appointment of a person as Resolution Professional: Will an ex-employee of Financial Creditor be eligible for appointment? Read on

SUPREME COURT ALERT This NCLAT Order has been set aside by the Supreme Court, the detailed report of which can be found

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Services as that of CHA, CNF, testing and sampling, etc. are eligible to be classified as the input services; Tribunal entitles appellant to avail CENVAT Credit for tax paid on such input services

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal that was filed against the Order-in-Appeal of

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Liability under S. 73(2) of Companies Act, 1956, lies on the company along with the director who is ‘officer in default’ as per S. 5 of Companies Act, 1956

Securities and Exchange Board of India (SEBI): Anant Barua (Whole-time member) passed the order in exercise of his powers under Sections 11

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | What is the scope of courier service provider’s liability for a lost cheque? Commission considers

National Consumer Disputes Redressal Commission (NCDRC): Anup K. Thakur (Presiding Member), addressed a complaint wherein a person who had sent a cheque through

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Will I&B Code permit a successful Resolution Applicant to stage a “U-turn” frustrating Corporate Insolvency Resolution Process? Tribunal decodes

National Company Law Appellate Tribunal (NCLAT): Full Bench of Justice Bansi Lal Bhat (ACJ) and Justice Anant Bijay Singh (Judicial Member) and Dr

Case Briefs Tribunals/Commissions/Regulatory Bodies

APTEL | Norms can be relaxed in certain cases to allow appellant to recover its full fixed cost instead of normative the interest of justice and equity; Tribunal allows appeal

Appellate Tribunal for Electricity (APTEL): A Coram of Manjula Chellur, J. (Chairperson) and S.D. Dubey (Technical Member), allowed an appeal which was

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Are flat buyers entitled to compensation for not being provided “extra facilities on extra sum”? Commission explains

National Consumer Disputes Redressal Commission (NCDRC): Anup K. Thakur (Presiding Member) addressed a consumer complaint alleging unfair trade practice and deficiency of service.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Incessant witch-hunt of human rights organizations by Govt. of India over unfounded & motivated allegations: Amnesty International halts work in India

Allegations levelled by Amnesty International National Human Rights Commission, India takes suo motu cognizance of the matter and directs issuance of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Gang Rape & brutality of 19-year-old women belonging to Scheduled Caste in Hathras district, UP: NHRC takes suo motu cognizance

National Human Rights Commission, India takes suo motu cognizance of the matter over reported gang rape and brutality of 19-year-old women belonging

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC notice to Uttar Pradesh Government over reported mob beating of a murder accused person and negligence of public authority

The Commission takes suo-motu cognizance of the matter and directs the issuance of notice to the Director-General of Police, Uttar Pradesh calling

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT| Can exempted income which is not part of the total income alone be considered for disallowance u/s 14A of Income Tax Act?

by Akshat Malpani†

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT | “Advocates who take shortcuts are bound to be cut short”: CAT, while holding Advocate guilty of contempt; lets him off with severe warning

Central Administrative Tribunal (CAT): A Division Bench of Justice L. Narasimha Reddy (Chairman) and A.K. Bishnoi (Administrative Member) took Suo Motu cognizance

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Tribunals/Commissions/Regulatory Bodies

NCLAT | If objections raised in regard to “Scheme” under S. 230 of Companies Act, 2013 are procedural in nature, can they be overruled? Tribunal expounds

CESTAT | Interest on delayed refund is payable under S. 11BB of Central Excise Act, 1944; Tribunal allows appeal

NCDRC | Builder has to mention the date of delivery of possession in agreement & failure to do so will be read against builder; Homebuyer cannot be made to wait for possession indefinitely

NCDRC | Can a consumer claim refund of principal amount if flat not delivered on time? Commission untangles two fundamentals for Buyer — Consumer

CIC | Are the offices of President, Vice President, PM, Governors, LGs and CMs legally obliged under RTI Act to entertain RTI applications? Commission unfolds position

NCDRC | Can driving a motor cycle without taking orientation desired by owner and resulting in accident be equated with intentional self-injury? Read Commission’s opinion

NCDRC | On suffering a bad outcome from medical treatment, will a person have an automatic right to sue for compensation? Read on

NCLAT | Can lease rentals arising out of use and occupation of a cold storage unit be categorised as ‘Operational Debt’ under S. 5(21) I&B Code? Find out Tribunal’s ruling

[SC ALERT] NCLAT’s decoder on appointment of a person as Resolution Professional: Will an ex-employee of Financial Creditor be eligible for appointment? Read on

CESTAT | Services as that of CHA, CNF, testing and sampling, etc. are eligible to be classified as the input services; Tribunal entitles appellant to avail CENVAT Credit for tax paid on such input services

SEBI | Liability under S. 73(2) of Companies Act, 1956, lies on the company along with the director who is ‘officer in default’ as per S. 5 of Companies Act, 1956

NCDRC | What is the scope of courier service provider’s liability for a lost cheque? Commission considers

NCLAT | Will I&B Code permit a successful Resolution Applicant to stage a “U-turn” frustrating Corporate Insolvency Resolution Process? Tribunal decodes

APTEL | Norms can be relaxed in certain cases to allow appellant to recover its full fixed cost instead of normative the interest of justice and equity; Tribunal allows appeal

NCDRC | Are flat buyers entitled to compensation for not being provided “extra facilities on extra sum”? Commission explains

Incessant witch-hunt of human rights organizations by Govt. of India over unfounded & motivated allegations: Amnesty International halts work in India

Gang Rape & brutality of 19-year-old women belonging to Scheduled Caste in Hathras district, UP: NHRC takes suo motu cognizance

NHRC notice to Uttar Pradesh Government over reported mob beating of a murder accused person and negligence of public authority

ITAT| Can exempted income which is not part of the total income alone be considered for disallowance u/s 14A of Income Tax Act?

CAT | “Advocates who take shortcuts are bound to be cut short”: CAT, while holding Advocate guilty of contempt; lets him off with severe warning

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All HC | Offences under Ss. 498-A IPC and 3/4 of Dowry Prohibition Act compounded in light of settlement between parties

[RTI v. Right to Privacy] CIC | Under what circumstances exemption of S. 8(1)(j) of RTI Act be claimed? Commission explains the provision in respect to invasion of privacy

BCI | “Last & Final Opportunity”; Details of Practicing Advocates to be supplied as per requirement of SC’s e-Committee by 15th November

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11th School of Law, CHRIST University, Bengaluru National Moot Court Competition, 2020

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BCI | “Last & Final Opportunity”; Details of Practicing Advocates to be supplied as per requirement of SC’s e-Committee by 15th November

[RTI v. Right to Privacy] CIC | Under what circumstances exemption of S. 8(1)(j) of RTI Act be claimed? Commission explains the provision in respect to invasion of privacy

Search & Seizure action carried out by Income tax Department in a case of a leading Advocate

NCDRC | Are flat buyers entitled to compensation for not being provided “extra facilities on extra sum”? Commission explains

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