Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

CERC | Electricity Transmission Agreement – Successful bidder can claim relief only if conditions stipulated in agreement are followed

Central Electricity Regulatory Commission (CERC): The coram of P.K Pujari (Chairperson) and Dr M.K. Iyer (Member) allowed a petition filed by a

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | A shareholder can save corporate debtor from insolvency by paying creditor’s dues before constitution of CoC even if S. 9 application has been admitted

National Company Law Appellate Tribunal (NCLAT): A Bench of Justice S.J. Mukhopadhaya, Chairperson and Justice A.I.S Cheema, Member (Judicial) and Kanthi Narahari,

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Violation of environmental norms affects “Right to life” and is a criminal offence

National Green Tribunal (NGT): The Bench of Adarsh Kumar Goel, CP and K. Ramakrishnan (JM) and Dr Nagin Nanda (EM), stated that, “Inspite

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Information sought part of a limited question bank and disclosure of same may compromise the basic integrity of question bank concerned

Central Information Commission (CIC): The Bench of Neeraj Kumar Gupta, Information Commissioner, in an order in respect of an appeal filed before

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Claim for insurance not maintainable where the insured does not prescribe to the terms of insurance policy

National Consumer Disputes Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member) dismissed an appeal filed by a jeweller, assailing repudiation of his

Case Briefs Tribunals/Commissions/Regulatory Bodies

PMLA | Special Court has the power to try offence of money laundering as well as scheduled offence

Appellate Tribunal for PMLA Act: The Coram of Ananya Ray (Member) directed to keep an appeal filed against an order directing attachment

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI | All India Sugar Trade Association alleged for circulating “price sensitive information” amongst cartel members

Competition Commission of India (CCI): The Bench comprising of Ashok Kumar Gupta (Chairperson), U.C. Nahta and Sangeeta Verma, Members, closed the matter

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | No disproportionate gain or unfair advantage made, nor any loss caused to the investors by non-disclosure, penalty reduced

Securities Appellate Tribunal, Mumbai: The Coram of Tarun Agarwala, J., (Presiding Officer), Dr C.K.G. Nair, (Member), M.T. Joshi, J., (Judicial Member) dismissed

Case Briefs Tribunals/Commissions/Regulatory Bodies

AAR | Tea Bags have a distinct name, character and use from tea leaves which categorises it into the activity of “Manufacturing” under S. 2(72) of GST Act

West Bengal Authority for Advance Ruling (AAR): The Bench of Sydney D’Silva and Parthasarathi Dey (Members) addressed an application sought on the

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Appellant directed to pay simple interest on the amount withdrawn at relevant bank rate to SEBI

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

PMLA | Offence of money laundering, triable only by a Special Court constituted under the PML Act

Appellate Tribunal for SAFEMA, FEMA, PMLA, NDPS & PBPT Act: The coram of Manmohan Singh, J. (Chairman) and G.C. Mishra (Member) ordered

Case Briefs Tribunals/Commissions/Regulatory Bodies

NAA | Asian Paints found “not guilty” of contravening S. 171 CGST Act, 2017

National Anti-Profiteering Authority (NAA): The Quorum of B.N. Sharma, Chairman and J.C. Chauhan, R. Bhagyadevi and Amand Shah, Technical Members, dealt with

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Electronic Voting Machine is “information” in respect of S. 2(f) of RTI Act, 2005

Central Information Commission (CIC): The Bench of Sudhir Bhargava, CIC, while dealing with an issue in respect of Electronic Voting Machine stated

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Provident Fund dues, Pension Funds and Gratuity Fund dues cannot be recovered under the ‘Waterfall Mechanism’

National Company Law Tribunal, New Delhi: The Bench of M.M. Kumar, Chief Justice (Retd.), President and S.K. Mohapatra, Member (Technical) disposed of

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Company and its directors to be treated equally while imposing fine for delay in filing Cost Audit Report

National Company Appellate Tribunal (NCLAT): A Bench of Justice S.J. Mukhopadhaya, Chairperson and Justice A.I.S. Cheema, Member (Judicial) held that the company and

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | When sale takes at buyer’s premise, the place of removal is that place itself for assessing CENVAT credit

Customs, Excise & Service Tax Appellate Tribunal (CESTAT): This appeal was filed before Sulekha Beevi C.S., Member. Facts of the case were

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Mere non-disclosure of particulars cannot be concluded as willful suppression in order to invoke extended period

Customs, Excise & Service Tax Appellate Tribunal (CESTAT): This appeal was filed before Sulekha Beevi, J. and Madhu Mohan Damodhar, Member (Technical).

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Tribunal considers recommendation of 7th Central Pay Commission, orders release of arrears of disability at 50%

Armed Force Tribunal (AFT): The Bench of S.V.S. Rathore, Member (J) and Air Marshall BBP Sinha, Member (A) partially allowed a petition

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | No liability on bank in the absence of any evidence showing deposition of educational certificates for taking a loan

National Consumer Disputes Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member) set aside the order of District Forum and State Commission and

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Tribunals/Commissions/Regulatory Bodies

CERC | Electricity Transmission Agreement – Successful bidder can claim relief only if conditions stipulated in agreement are followed

NCLAT | A shareholder can save corporate debtor from insolvency by paying creditor’s dues before constitution of CoC even if S. 9 application has been admitted

NGT | Violation of environmental norms affects “Right to life” and is a criminal offence

CIC | Information sought part of a limited question bank and disclosure of same may compromise the basic integrity of question bank concerned

NCDRC | Claim for insurance not maintainable where the insured does not prescribe to the terms of insurance policy

PMLA | Special Court has the power to try offence of money laundering as well as scheduled offence

CCI | All India Sugar Trade Association alleged for circulating “price sensitive information” amongst cartel members

SAT | No disproportionate gain or unfair advantage made, nor any loss caused to the investors by non-disclosure, penalty reduced

AAR | Tea Bags have a distinct name, character and use from tea leaves which categorises it into the activity of “Manufacturing” under S. 2(72) of GST Act

SAT | Appellant directed to pay simple interest on the amount withdrawn at relevant bank rate to SEBI

PMLA | Offence of money laundering, triable only by a Special Court constituted under the PML Act

NAA | Asian Paints found “not guilty” of contravening S. 171 CGST Act, 2017

CIC | Electronic Voting Machine is “information” in respect of S. 2(f) of RTI Act, 2005

NCLT | Provident Fund dues, Pension Funds and Gratuity Fund dues cannot be recovered under the ‘Waterfall Mechanism’

NCLAT | Company and its directors to be treated equally while imposing fine for delay in filing Cost Audit Report

CESTAT | When sale takes at buyer’s premise, the place of removal is that place itself for assessing CENVAT credit

CESTAT | Mere non-disclosure of particulars cannot be concluded as willful suppression in order to invoke extended period

AFT | Tribunal considers recommendation of 7th Central Pay Commission, orders release of arrears of disability at 50%

NCDRC | No liability on bank in the absence of any evidence showing deposition of educational certificates for taking a loan

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