Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Fictional Scheme to benefit few selected related parties; NCLAT upholds Liquidation of Corporate Debtor

National Company Law Appellate Tribunal | A bench comprising of Ashok Bhushan, J., Dr. Alok Srivastava* (Technical Member) and Barun

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | No provision for making any modification in the resolution plan; Adjudicating Authority can either approve or reject it

National Company Law Appellate Tribunal held that there is no provision in Insolvency Bankruptcy Code, 2016 for alteration or modification in the resolution plan by the Adjudicating Authority

Case Briefs Tribunals/Commissions/Regulatory Bodies

Approval/Non-approval of Resolution Plan is a commercial wisdom and Tribunal can’t interfere with the commercial wisdom: NCLAT

National Company Law Appellate Tribunal | Dismissing the appeal, Ashok Bhushan, J., Kanthi Narahari (Technical Member) and Barun Mitra (Technical

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC expresses severe displeasure over the conduct of PIO for denying providing of information on 2022 DDA Policy

PIO was directed to file a written submission to justify why actions should not be initiated against him/her under section 20 of the RTI Act, 2005 for furnishing misleading and contradictory information.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Principle that governs compensating a party for the time value for money would be applied for grant of interest on carrying cost on account of a change in law event; Appellate Tribunal for Electricity reiterates

The interest in ‘carrying cost' is nothing but time value for money and the only way a party can be afforded the benefit of restitution in every which way.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Application under Section 7 IBC relating to the interest component due even if principal amount is not due, held maintainable

National Company Law Appellate Tribunal | Upholding the maintainability of an application filed under S. 7 IBC, a bench comprising of Rakesh

Case Briefs Tribunals/Commissions/Regulatory Bodies

Builder deliberately not handing over the possession to the allottee despite receiving the whole of consideration; Haryana RERA modifies order of the State Authority to extend due date of delivery of the unit

The appellant was given ample opportunity to represent and defend itself, therefore, the contention of the appellant that the authority had not complied with the RERA Rules was found to be meritless.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT exempts All India Football Federation from paying service tax in accordance with the tripartite agreement between parties

AIFF did not render any service but concurred with the agreement whereby the rights were transferred from ZEEL to IMGR

Case Briefs Tribunals/Commissions/Regulatory Bodies

Armed Forces Tribunal | Once policy and rules were followed in matters of appointments in the Armed Forces, sympathy cannot be a substitute to grant benefit to a person

AFT held that there was no violation of principles of natural justice while discharging the applicant from service. Further, there is no place for generosity or misplaced sympathy on the part of the judicial forums particularly in the matter of recruitment and employment in a sensitive establishment like the Armed Forces.

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT| Hospitals providing medical facilities on a commercial basis are not charitable organisations; Not exempted from income tax

ITAT upheld the order of the CIT and said that the assessee had only provided treatment to a few patients at concessional rates, which was less than 1% of the revenue of the assessee. Thus, the activities of the assessee cannot be said to be charitable activities and it is not entitled for registration or approval under section 10(23C) or 12A of the Income Tax Act.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Tyre Cartelization Matter | NCLAT remanded matter back to CCI; asks to review fines to save domestic tyre industry

National Company Law Appellate Tribunal | In a landmark judgment related to cartelization activities of five major domestic tyre manufactures

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Necessary safeguards to be adopted for safety of the pilgrims and protection of environment at Amarnath

The Government of Jammu & Kashmir is committed to make the Yatra, environment friendly and is bound to always comply with the environmental norms and is committed to ensure that such disasters are never repeated in future.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Timeline laid by Supreme Court cannot be extended by NGT: National Green Tribunal

National Green Tribunal | A bench comprising of Adarsh Kumar Goel (Chairperson), Sudhir Agarwal (Judicial Member), JJ., and A. Senthil

Case Briefs Tribunals/Commissions/Regulatory Bodies

Date of default and acknowledgement are two different events; NCLAT imposes penalty of Rs. 25 lakhs for attempting to stop implementation of a RERA order

National Company Law Appellate Tribunal | While dealing with an appeal challenging the impugned order passed by NCLT, Ashok Bhushan*, J., Dr.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Insolvency and Bankruptcy Code does not contemplate lookback period; Information and relevant documents not to be withhold from Liquidator to investigate transactions done even beyond two years from Insolvency Commencement Date

National Company Law Appellate Tribunal | While dealing with an appeal challenging the impugned order passed by NCLT, Anant Bijay

Case Briefs Tribunals/Commissions/Regulatory Bodies

Claims of various stakeholders to be considered by Resolution Professional in accordance with law; NCLT, Chandigarh emphasizes

That various stakeholders are to be considered by the Resolution Professional under the relevant provisions of IBC andin accordance with law, and the same should be placed before the CoC for approval. Thus, the resolution plan was sent back for approval by the Committee of Creditors.

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Victim should not remain without remedy”; NGT orders factory not to resume work unless compensation paid as per law

National Green Tribunal | A bench comprising of Adarsh Kumar Goel (Chairperson), Sudhir Agarwal (Judicial Member), JJ., and A. Senthil

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Supreme Court acted in violation of the provisions of the Constitution”; CIC on SC’s 1993 ruling on payment of honorariums/salaries to Imams

Zee news-report stating that the Delhi CM declared that the salaries to Imams and others in mosques under and outside the purview of the DWB will be increased from rupees 10,000 to rupees 18,000 per month for Imams and from rupees 9000 to rupees 16,000 for helpers. CIC observed that same was virtually being paid by the Delhi Government using the tax payer’s money.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT halts Pakhro Tiger Safari Project, Corbett Tiger Reserve; directs to identify offenders and restore environmental damage

“The area cleared is estimated as 16.21 ha. The trees estimated on this cleared area are 6093 in no. with lower bound of 5765 and upper bound of 6421 with 95% confidence interval and 2.72% Standard Error.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

No prohibition on advocate to represent different company in separate proceedings filed under Section 7 IBC: NCLAT

National Company Law Appellate Tribunal: While dealing with a matter seeking expunging the adverse remake made against the appellant, a