Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Personal Guarantor not liable to be prosecuted under S. 95 IBC where corporate debtor concerned is not under corporate insolvency resolution process

National Company Law Tribunal, Mumbai: Coram of H.V. Subba Rao, Judicial Member and Chandra Bhan Singh, Technical Member dismissed an interlocutory application filed

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | In case a medical practitioner chooses to follow one procedure instead of another, which turned out to be a failure, Can the said act be negligent? Read on

National Consumer Disputes Redressal Commission (NCDRC): Dr S.M. Kantikar (Presiding Member) while addressing an allegation of medical negligence, remarked that, At times,

Case Briefs Tribunals/Commissions/Regulatory Bodies

APTEL | Whether there was bona fide delay in commissioning the solar power project? Tribunal answers

Appellate Tribunal for Electricity (APTEL): The Coram of Manjula Chellur (Chairperson) and Ravindra Kumar Verma, Technical Member (Electricity) allowed an appeal which

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Manipulation in prices, fraudulent scheme results in debarment-Global Infratech, Directors and 12 other entities ousted from the market

Securities Exchange Board of India (SEBI): Madhabi Puri Bach, Whole Time Member, considering the alleged violations committed, issued directions restraining Global Infratech

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Admissibility of the Cenvat Credit in respect of outward GTA; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ramesh Nair (Judicial Member) and Raju (Technical member) allowed an appeal

Case Briefs Tribunals/Commissions/Regulatory Bodies

No Odour control system required to prevent odour from Sewage Treatment Plant. Why? NGT imposes costs on Delhi Jal Board: Why DJB is shirking its responsibility? [Detailed Report]

National Green Tribunal (NGT), Principal Bench, New Delhi: Coram of Justice Adarsh Kumar Goel (Chairperson) and Justice Sudhir Agarwal, Justice M. Sathyanarayanan,

Case Briefs Tribunals/Commissions/Regulatory Bodies

Unregistered Collective Investment Scheme violative of S. 12(1)(b) of SEBI Act and Regulations, order to pay 10% p.a. interest on refundable amount not vitiated: SAT

Securities Appellate Tribunal, Mumbai: Coram of Justice Tarun Agarwala (Presiding Officer) and Justice M.T. Joshi (Judicial Member), upheld the direction given by

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | An Arroyo for OYO | While allowing it to work independently, closed insolvency proceedings; Disallowed external parties to impinge

National Company Law Appellate Tribunal (NCLAT): The Coram of Anant Bijay Singh, J. (Judicial Member) and Shreesha Merla (Technical Member) while allowing

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Revenue has miserably failed to discharge its onus; Tribunal finds impugned order opposed to principles of natural justice

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P. Dinesha (Judicial Member) allowed the appeals which were filed after the Adjudicating Authority

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can S. 8(1)(d), RTI Act be invoked to deny copy of thesis in view of commercial viability and to protect interests of scholar and his guide? CIC answers

Central Information Commission (CIC): Saroj Punhani (Information Commissioner), harmonised the conflicting interests of the parties keeping with the letter and spirit of

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can Wheelchair injuries be covered under the ambit of medical negligence? NCDRC answers

National Consumer Disputes Redressal Commission (NCDRC): Dr S.M. Kantikar (Presiding Member) decided a matter wherein a question of whether wheelchair injuries would

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT │ “Convenience fee” charged by PVR for online booking of movie tickets under OIDAR category under S. 65(105) (zh) of Finance Act taxable or not? Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and PV Subba Rao (Technical Member) allowed the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether distribution of credits on input services attributable to final product on a pro-rata basis proportionate to turnover of each unit between manufacturing plants? Tribunal answers

Customs, Excise & Service Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and P V Subba Rao (Technical member) allowed

Case Briefs Tribunals/Commissions/Regulatory Bodies

Ensure every possible medical treatment to imprisoned FR. Stan Swamy as part of life saving measure and protection of his basic human rights: NHRC

As per the press release by NHRC dated 4-07-2021, the Chief Secretary, Government of Maharashtra has been issued a notice to ensure

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT| Validity of the order u/s 143(3) of Income Tax Act, passed by an officer without Jurisdiction & the Limitation of second Statutory notice, discussed

by Akshat Malpani†

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI | Co-location facility of National Stock Exchange is anti-competitive? Is the service an autocratic move against traders? Comprehensive Report

Competition Commission of India (CCI): Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members) addressed the allegations

Case Briefs Tribunals/Commissions/Regulatory Bodies

Are Tourist Taxi Unions in State of Goa preventing entry of App-based Taxi Aggregator Companies in Goa? Read a detailed account of CCI’s decision

Competition Commission of India (CCI): Coram comprising Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members) took suo motu

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Builder unilaterally, high-handedly cancels sale agreement on not handing over timely possession: Commission decides builder-buyer dispute, levies interest to be paid by builder

National Consumer Disputes Redressal Commission (NCDRC): Coram of C. Viswanath (Presiding Member) and Justice Ram Surat Ram Maurya (Member) decided an issue

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Franklin Templeton gets interim relief | Gives due consideration to the 2 decades’ reputation

Securities Appellate Tribunal (SAT): A bench of Tarun Agarwala, J. (Presiding officer) and M.T. Joshi, J. (Judicial Member) stayed the impugned order

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT | Whether DTAA protection in respect of taxation of dividend in source jurisdiction, can be extended to ‘dividend distribution tax’ under S. 115-O, Income Tax Act, in the hands of a domestic company? Matter referred to larger Bench

Income Tax Appellate Tribunal (ITAT): A two-Member Bench of Pramod Kumar, Vice President and Amarjit Singh, Judicial Member, referred a seminal question

SCC Blog

Tribunals/Commissions/Regulatory Bodies

NCLT | Personal Guarantor not liable to be prosecuted under S. 95 IBC where corporate debtor concerned is not under corporate insolvency resolution process

NCDRC | In case a medical practitioner chooses to follow one procedure instead of another, which turned out to be a failure, Can the said act be negligent? Read on

APTEL | Whether there was bona fide delay in commissioning the solar power project? Tribunal answers

SEBI | Manipulation in prices, fraudulent scheme results in debarment-Global Infratech, Directors and 12 other entities ousted from the market

CESTAT | Admissibility of the Cenvat Credit in respect of outward GTA; Tribunal allows appeal

No Odour control system required to prevent odour from Sewage Treatment Plant. Why? NGT imposes costs on Delhi Jal Board: Why DJB is shirking its responsibility? [Detailed Report]

Unregistered Collective Investment Scheme violative of S. 12(1)(b) of SEBI Act and Regulations, order to pay 10% p.a. interest on refundable amount not vitiated: SAT

NCLAT | An Arroyo for OYO | While allowing it to work independently, closed insolvency proceedings; Disallowed external parties to impinge

CESTAT | Revenue has miserably failed to discharge its onus; Tribunal finds impugned order opposed to principles of natural justice

Can S. 8(1)(d), RTI Act be invoked to deny copy of thesis in view of commercial viability and to protect interests of scholar and his guide? CIC answers

Can Wheelchair injuries be covered under the ambit of medical negligence? NCDRC answers

CESTAT │ “Convenience fee” charged by PVR for online booking of movie tickets under OIDAR category under S. 65(105) (zh) of Finance Act taxable or not? Tribunal explains

CESTAT | Whether distribution of credits on input services attributable to final product on a pro-rata basis proportionate to turnover of each unit between manufacturing plants? Tribunal answers

Ensure every possible medical treatment to imprisoned FR. Stan Swamy as part of life saving measure and protection of his basic human rights: NHRC

ITAT| Validity of the order u/s 143(3) of Income Tax Act, passed by an officer without Jurisdiction & the Limitation of second Statutory notice, discussed

CCI | Co-location facility of National Stock Exchange is anti-competitive? Is the service an autocratic move against traders? Comprehensive Report

Are Tourist Taxi Unions in State of Goa preventing entry of App-based Taxi Aggregator Companies in Goa? Read a detailed account of CCI’s decision

NCDRC | Builder unilaterally, high-handedly cancels sale agreement on not handing over timely possession: Commission decides builder-buyer dispute, levies interest to be paid by builder

SAT | Franklin Templeton gets interim relief | Gives due consideration to the 2 decades’ reputation

ITAT | Whether DTAA protection in respect of taxation of dividend in source jurisdiction, can be extended to ‘dividend distribution tax’ under S. 115-O, Income Tax Act, in the hands of a domestic company? Matter referred to larger Bench

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Bom HC | Is the 6 months period stipulated under S. 13-B(2) of Hindu Marriage Act mandatory or relaxation in exceptional situations is permitted? Read on

Del HC | Can mere ipse dixit and statement in defence under S. 313 CrPC rebut presumption cast under S. 139 NI Act? Read on

In conversation with Amit Pai on his journey from law student to Advocate-on-Record at Supreme Court of India

“Continuing Cause of Action” under SARFAESI Act: Correlation between Sections 13 and 17

Controversial Rule of Jail under the Prevention of Money Laundering Act, 2002

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2021 SCC Vol. 4 Part 2

Bom HC | Is the 6 months period stipulated under S. 13-B(2) of Hindu Marriage Act mandatory or relaxation in exceptional situations is permitted? Read on

P&H HC | “A juvenile cannot be arrested”; HC holds application for anticipatory bail by a juvenile is not maintainable in law

Crypto Frauds | Allegations of cheating in Bitcoin transactions: Magistrate, Tis Hazari Courts directs Delhi Police to register FIR and investigate

MP HC | Bail denied to juvenile in Rape Case; Court questions lawmakers conscience, How many more Nirbhayas’ sacrifice would be required?

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