Tribunals/Commissions/Regulatory Bodies Archives

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NCLAT | 10 Appeals, one tripartite agreement, with almost similar quandary on ‘Spectrum’| Non payment of dues-Can Spectrum be used as security interest in insolvency and moratorium as an excuse| Convoluted attempts to “offer peanuts”?

National Company Law Appellate Tribunal (NCLAT): A Coram of Bansi Lal Bhat, J. (Acting Chairperson), Anant Bijay Singh, J. (Judicial Member) and

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Selling a second-hand car, in place of a new car, after accepting full consideration price for a new car, inter alia constitutes ‘unfair trade practice’ under S. 2(1)(r) of Consumer Protection Act

National Consumer Disputes Redressal Commission (NCDRC): Dinesh Singh, Presiding Member, held that, “…selling a second-hand car, in place of a new car,

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Consumer Protection Act, 2019 provides for hierarchy of Consumer Fora to deal with consumer complaints, depending upon pecuniary value of complaint; Complaint filed to demand disproportionate compensation only to inflate value of complaint — Dismissed

National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) while addressing the complaint reiterated the settled position of law, expressed that,

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | “Forwarded as received”– Whatsapp messages needs to be proved by preponderance of probabilities for it to be deemed as unpublished price sensitive information| SEBI’s order set aside

Securities Appellate Authority (SAT): A Coram of Tarun Agarwala, J. (Presiding Officer), Dr C.K.G Nair (Member) and M.T. Joshi, J.( Judicial Member)

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | What was manifested as pre-conditions for Resolution Plan turns out to be premeditated | Prevented from taking a fine u-turn | Imposed a fine instead

National Company Law Appellate Tribunal (NCLAT): Coram of Bansi Lal Bhatt, J. (Acting Chairperson), Anant Bijay Singh, J. (Judicial Member), Dr Ashok

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | A potential ‘No’ turned into a definite ‘Yes’| Yes Bank camouflaged risk with devious safeguards to lure investments in AT1 bonds| Attracted a Rs 25 crore penalty

Securities and Exchange Board of India (SEBI): Soma Majumder, Adjudicating Officer, imposed a 25 crore penalty on Yes Bank Ltd. (YBL), and

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Compensation for damage to environment has to be in light of cost of restoration: Issue of compensation to be revisited in case of illegal mechanical sand mining on river bed of Yamuna

National Green Tribunal (NGT): The Coram of Justice Adarsh Kumar Goel, Chairperson and Justice Sudhir Agarwal, Justice Brijesh Sethi, Judicial Members and

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | For passing a valid adjudication order, valid service of show cause notice is essential; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed an appeal in which the issue before the Tribunal

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Forest Guard mowed down by mining mafia in Sariska: Tribunal asks authorities to take further remedial measures to enforce law of land || State PCB to follow Polluter Pays Principle for illegal mining activities

National Green Tribunal (NGT): The Coram of Justice Adarsh Kumar Goel (Chairperson) and Justice Sudhir Agarwal, Justice Brijesh Sethi (Judicial Members) and

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Reliance ménage in trouble; Irregular shareholding, default in trading regulations | Obtruded with a ₹ 25 crore penalty

Securities and Exchange Board of India (SEBI): K Saravanan, Adjudicating authority, imposed a penalty of Rs 2 crore on Reliance Industries Ltd.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | R. 6(3) of CCR, 2004 applicable only to manufacturers who manufacture two classes of the goods i.e. non-exempted and exempted goods; Tribunal allows appeal sets aside interest and penalty

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal which was filed against the rejection of

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Monopoly] CCI | State of Uttarakhand created monopolies by canalising liquor procurement || Detailed Order on Abuse of dominance by Uttarakhand Agricultural Produce Marketing Board denying market access to others

Competition Commission of India (CCI): The Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi, (Members) expressed that:

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Fictitious firm, non-existent exports, forged documents, met echt results | Court sunders the ingredients of conspiracy, cheat, fraud, forgery and usage

Central Bureau of Investigation (CBI): The Court of Shivank Singh, Special Judicial Magistrate (CBI) while convicting the accused of the offences under

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | No entitlement of Cenvat credit on Outdoor catering service; Tribunal partly allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): S.S. Garg (Judicial Member) partially allowed an appeal against the confirmation order of Commissioner

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Non compliance with the procedure leads to dismissal of refund claim; Tribunal dismisses appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Suvendu Kumar Pati (Judicial Member), dismissed an appeal which was filed with the rejection

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | What could give a ‘semblance of credibility on first blush’, denied on ‘second’| Fraudulent issuance of GDR dealt suitably | Directed to disgorge

Securities and Exchange Board of India (SEBI): S.K. Mohanty (Whole Time Member) in a detailed 92 paged order, barred six individuals and

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | No intention to evade duty, penalty set aside; Tribunal partly allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ramesh Nair (Judicial Member) partly allowed an appeal where the issue was whether the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT | Widow of a substitute servant cannot be denied rights of family pension and death-cum-retirement benefits accorded to temporary servants

Central Administrative Tribunal (CAT): Pradeep Kumar, Member (A) addressed the instant application wherein the widow of one Narayan Dutt, who was engaged

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI | No ‘opt-out’ option for WhatsApp users in the 2021 Update. Why? Data Sharing with Facebook, Unilateral terms and more. Read CCI’s take on WhatsApp’s conduct in the garb of the policy update

Competition Commission of India (CCI): The coram comprising of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members) while

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | NCLT has the discretion to modify arrangements, but only when cogent; Otherwise deemed unwarranted

National Company Law Appellate Tribunal (NCLAT): A Coram of Justice Jarat Kumar Jain (Judicial Member) and Kanthi Narahari (Technical Member) accepted an

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Tribunals/Commissions/Regulatory Bodies

NCLAT | 10 Appeals, one tripartite agreement, with almost similar quandary on ‘Spectrum’| Non payment of dues-Can Spectrum be used as security interest in insolvency and moratorium as an excuse| Convoluted attempts to “offer peanuts”?

NCDRC | Selling a second-hand car, in place of a new car, after accepting full consideration price for a new car, inter alia constitutes ‘unfair trade practice’ under S. 2(1)(r) of Consumer Protection Act

NCDRC | Consumer Protection Act, 2019 provides for hierarchy of Consumer Fora to deal with consumer complaints, depending upon pecuniary value of complaint; Complaint filed to demand disproportionate compensation only to inflate value of complaint — Dismissed

SAT | “Forwarded as received”– Whatsapp messages needs to be proved by preponderance of probabilities for it to be deemed as unpublished price sensitive information| SEBI’s order set aside

NCLAT | What was manifested as pre-conditions for Resolution Plan turns out to be premeditated | Prevented from taking a fine u-turn | Imposed a fine instead

SEBI | A potential ‘No’ turned into a definite ‘Yes’| Yes Bank camouflaged risk with devious safeguards to lure investments in AT1 bonds| Attracted a Rs 25 crore penalty

NGT | Compensation for damage to environment has to be in light of cost of restoration: Issue of compensation to be revisited in case of illegal mechanical sand mining on river bed of Yamuna

CESTAT | For passing a valid adjudication order, valid service of show cause notice is essential; Tribunal allows appeal

NGT | Forest Guard mowed down by mining mafia in Sariska: Tribunal asks authorities to take further remedial measures to enforce law of land || State PCB to follow Polluter Pays Principle for illegal mining activities

SEBI | Reliance ménage in trouble; Irregular shareholding, default in trading regulations | Obtruded with a ₹ 25 crore penalty

CESTAT | R. 6(3) of CCR, 2004 applicable only to manufacturers who manufacture two classes of the goods i.e. non-exempted and exempted goods; Tribunal allows appeal sets aside interest and penalty

[Monopoly] CCI | State of Uttarakhand created monopolies by canalising liquor procurement || Detailed Order on Abuse of dominance by Uttarakhand Agricultural Produce Marketing Board denying market access to others

CBI | Fictitious firm, non-existent exports, forged documents, met echt results | Court sunders the ingredients of conspiracy, cheat, fraud, forgery and usage

CESTAT | No entitlement of Cenvat credit on Outdoor catering service; Tribunal partly allows appeal

CESTAT | Non compliance with the procedure leads to dismissal of refund claim; Tribunal dismisses appeal

SEBI | What could give a ‘semblance of credibility on first blush’, denied on ‘second’| Fraudulent issuance of GDR dealt suitably | Directed to disgorge

CESTAT | No intention to evade duty, penalty set aside; Tribunal partly allows appeal

CAT | Widow of a substitute servant cannot be denied rights of family pension and death-cum-retirement benefits accorded to temporary servants

NCLAT | NCLT has the discretion to modify arrangements, but only when cogent; Otherwise deemed unwarranted

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Third-Party Funding of Litigation — A Damocles Sword or a Welcome Step

Madras HC | PCOS v. Impotency? Divorce on ground of no cohabitation. Is it a legitimate expectation of husband? HC explains while discussing concept of marriage and S. 12(1)(a), HMA

Madras HC | Daughters filed partition suit while disowning their registered release deed. As per S. 92 of Evidence Act, burden to adduce evidence sufficient to exclude written evidence will be on the daughters? Read on

[Cruelty by Wife] Cal HC | Reckless allegations against husband corroborated by daughter. Affidavit of daughter how far can corroborate husband’s allegations? Court determines while confirming divorce decree against wife

Cal HC | Pre-requisite for awarding maintenance under Hindu Marriage Act: Independent income of husband or wife to support either is enough? Read on

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Madras HC | Society still grappling to come to terms with same sex orientation: HC orders protection and in-chamber hearing

The undoing of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

SEBI | Reliance ménage in trouble; Irregular shareholding, default in trading regulations | Obtruded with a ₹ 25 crore penalty

Know Thy Judge| Justice Aniruddha Bose

In search of the first woman Chief Justice of the Supreme Court of India

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