Tribunals/Commissions/Regulatory Bodies Archives

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NCDRC | Law of limitation has to be applied with all its rigor even though it may harshly affect a particular party

National Consumer Disputes Redressal Commission, New Delhi: C. Viswanath (Presiding Member) dismissed a revision petition as the petitioner was not able to

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Dr Prannoy Roy and Radhika Roy allowed to hold position as Director and Key Managerial personnel in NDTV until the next order

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

PMLA | Search, seizure and retention of property pertaining to offence of money laundering requires compliance with provisions of PMLA, 2002

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Guidelines laid down for implementation of a robust institutional mechanism to tackle rising incidents of forest fires

National Green Tribunal (NGT), New Delhi: The Coram of Adarsh Kumar Goel (Chairperson), J. and S.P. Wangdi (Judicial Member), K. Ramakrishnan (Judicial

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Dr Prannoy Roy, Chairman and Radhika Roy, MD of NDTV guilty of committing fraud, barred from accessing securities market for 2 years

Securities and Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member, passed an order finding the promoters of New Delhi Television

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Delay in filing an appeal can be condoned on supply of sufficient cause, once the events of intervening period are explained

National Green Tribunal (NGT), Delhi: A Coram of Justice Raghuvendra S. Rathore (Judicial Member) and Dr Satyawan Singh Garbyal (Expert Member) allowed

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI | Companies not to indulge in mandating clearance/NOC/LOC that are anti-competitive as per S. 3 of Competition Act

Competition Commission of India (CCI): Ashok Kumar Gupta (Chairperson) and U.C. Nahta and Sangeeta Verma (Members) heard the information filed by MPCDF

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Doctor is vicariously liable for the acts of his team which assists him in every sphere of rendering treatment to the patient

National Consumer Dispute Redressal Commission (NCDRC): A Coram of R.K. Agrawal (President), J. and M. Shreesha (Member) allowed an appeal against the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Appeal under S. 61 IBC not maintainable in absence of decision by Adjudicating Authority

National Company Appellate Tribunal (NCLAT): The Bench comprising of S.J. Mukhopadhaya, J. (Chairperson) and A.I.S Cheema, J. and Kanthi Narahari, Members, Judicial and

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | “Proportionality” is a basic principle to adhere while interpreting any provisions relating to punishment with serious consequences

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Ganga Pollution: Failure to take prompt action to remedy pollution of the river – restoration cost may be recovered from officers responsible

National Green Tribunal (NGT): A Coram of Justice A.K. Goel (Chairperson), Justice S.P. Wangdi (Judicial Member), Justice K. Ramakrishnan (Judicial Member) and

Case Briefs Tribunals/Commissions/Regulatory Bodies

PMLA | Nexus to transaction must be proved to array a person as defendant in proceedings for confiscation of property involved in money laundering

Appellate Tribunal for PMLA: The Tribunal chaired by Manmohan Singh, J. set aside an order restraining a woman from sale or transfer

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | “Mercedes expected to run smoothly”; Rs 2 lakhs compensation to owner on report of expert committee held not excessive

National Consumer Disputes Redressal Commission (NCDRC): V.K. Jain (Presiding Member), J. addressed a complaint concerning the manufacturing defect in a “Mercedes CDI-220”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Claim to be a ‘financial creditor’ valid when amount disbursed has been made for consideration of time value of money in favour of borrower

National Company Law Appellate Tribunal (NCLAT): A Coram of Sudhansu Jyoti Mukhopadhaya, J. (Chairperson), A.I.S. Cheema, J. (Judicial Member) and Kanthi Narhari

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Claim for pension is based on continuing wrong, and relief can be granted if such continuing wrong creates a continuing source of injury

Armed Forces Tribunal: A Coram of Justice SVS Rathore (Judicial Member) and Air Marshal BBP Sinha (Administrative Member) allowed an ex-hawaldar’s application

Case Briefs Tribunals/Commissions/Regulatory Bodies

PMLA | Investigating Authority cannot attach the property indefinitely in the name of investigation

Appellate Tribunal, Prevention of Money Laundering Act (New Delhi): A Coram of Manmohan Singh (Chairman), J. and G.C. Mishra (Member) allowed an

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Court demands ‘reasoned speaking order’ explaining as to why the beneficial provisions were not extended when it should have been

Armed Forces Tribunal, New Delhi: The Bench of Virender Singh, J. (Chairperson) and Let. Gen. N.B. Singh, Member (A), disposed of a

Case Briefs Tribunals/Commissions/Regulatory Bodies

RERA | RERA Act, being a special law for protection of interest of consumers in real estate sector, prevails over Companies Act

Rajasthan Real Estate Regulatory Authority: A Coram of Nihal Chand Goel (Chairman) and Rakesh Jain (Member), rejected an application for staying the proceedings

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT | Notification issued in pursuance of a service rule which has already been quashed by Court, is illegal and liable to be set aside

Central Administrative Tribunal (CAT), Chandigarh: Sanjeev Kaushik, (Member) J. quashed the order issued by the Chandigarh administration which provided that new recruits

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | ‘Polluter Pays’ principle does not mean that polluter can pollute and then pay for it – Must include environmental cost and direct cost to people

National Green Tribunal: A Coram of Justice A.K. Goel (Chairperson), Justice S.P. Wangdi (Judicial Member), Justice K. Ramakrishnan (Judicial Member) and Dr

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Tribunals/Commissions/Regulatory Bodies

NCDRC | Law of limitation has to be applied with all its rigor even though it may harshly affect a particular party

SAT | Dr Prannoy Roy and Radhika Roy allowed to hold position as Director and Key Managerial personnel in NDTV until the next order

PMLA | Search, seizure and retention of property pertaining to offence of money laundering requires compliance with provisions of PMLA, 2002

NGT | Guidelines laid down for implementation of a robust institutional mechanism to tackle rising incidents of forest fires

SEBI | Dr Prannoy Roy, Chairman and Radhika Roy, MD of NDTV guilty of committing fraud, barred from accessing securities market for 2 years

NGT | Delay in filing an appeal can be condoned on supply of sufficient cause, once the events of intervening period are explained

NCDRC | Doctor is vicariously liable for the acts of his team which assists him in every sphere of rendering treatment to the patient

NCLAT | Appeal under S. 61 IBC not maintainable in absence of decision by Adjudicating Authority

SAT | “Proportionality” is a basic principle to adhere while interpreting any provisions relating to punishment with serious consequences

NGT | Ganga Pollution: Failure to take prompt action to remedy pollution of the river – restoration cost may be recovered from officers responsible

PMLA | Nexus to transaction must be proved to array a person as defendant in proceedings for confiscation of property involved in money laundering

NCDRC | “Mercedes expected to run smoothly”; Rs 2 lakhs compensation to owner on report of expert committee held not excessive

NCLAT | Claim to be a ‘financial creditor’ valid when amount disbursed has been made for consideration of time value of money in favour of borrower

AFT | Claim for pension is based on continuing wrong, and relief can be granted if such continuing wrong creates a continuing source of injury

PMLA | Investigating Authority cannot attach the property indefinitely in the name of investigation

AFT | Court demands ‘reasoned speaking order’ explaining as to why the beneficial provisions were not extended when it should have been

RERA | RERA Act, being a special law for protection of interest of consumers in real estate sector, prevails over Companies Act

CAT | Notification issued in pursuance of a service rule which has already been quashed by Court, is illegal and liable to be set aside

NGT | ‘Polluter Pays’ principle does not mean that polluter can pollute and then pay for it – Must include environmental cost and direct cost to people

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Del HC | Computer-generated ledger statement inadmissible in evidence for proving liability under S.138 NI Act, if not accompanied by certificate under S.65-B of Evidence Act

Foreigners (Tribunals) Amendment Order, 2019 — Notified

Chh HC | Advocate acting professionally as per instructions of client can’t be prosecuted for offence of defamation under S. 500 IPC

Supreme Court Monthly Roundup – May 2019

Ker HC | No Court to render provisions of a Statute redundant or nugatory in absence of challenge to the same

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Jhar HC | Art. 14 does not envisage negative equality; wrong benefits conferred upon someone inadvertently not to be a ground to grant similar relief to others

CBDT extends due date for filing of TDS statement in Form 24Q

Bom HC | Acid Attack Case: Attacker’s conviction upheld but death penalty commuted holding him to be of young age and not beyond reformation

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