Tribunals/Commissions/Regulatory Bodies Archives | Page 2 of 43

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | NCLT’s order of barring an auditor for 5 years on grounds of misusing his position, held –Unsustainable

National Company Law Appellate Tribunal (NCLAT): The Bench comprising of Justice Jarat Kumar Jain (Judicial) and Balvinder Singh (Technical) and Dr Ashok

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Inclusion of a song in promo of a film but excluding it while exhibiting the movie amounts to – Unfair Trade Practice & Deficiency

National Consumer Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member) while dismissing the revision petition filed by Yash Raj Films with regard

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI |”Asian Paints” threatened dealers to discontinue their supplies with alleged intent to hinder entry of “JSW Paints “

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Information regarding details of police encounters in UP to be sought from UP State Information Commission

Central Information Commission (CIC): Y.K. Sinha (Information Commissioner) while forwarding the present case to UP State Information asked for the disposal of

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC | Chilla Khadar village in Delhi does not have a school which forces the children to ride a boat to attend school — Violation of RTE

The National Human Rights Commission, NHRC, India has taken suo-motu cognizance of a media report that Chilla Khadar village in Delhi does

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | ICICI Bank misplaced original Sale Deed of customer; District Forum’s decision of compensation and reconstruction of sale deed — Upheld

National Consumer Redressal Commission (NCDRC): Dinesh Singh (Presiding Member) while dismissing the revision petition filed by ICIC Bank Ltd. upheld the decision

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Consumer alleging of defect in food served in a restaurant will have initial onus to prove that food quality was inferior

National Consumer Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member) while dealing with a complaint in regard to unhygienic food that emitted

Case Briefs Tribunals/Commissions/Regulatory Bodies

APTEL | Rejection of claim by the CERC under Regulation 14 of Tariff Regulations set aside for lack of justification

Appellate Tribunal for Electricity (APTEL): A Coram of Justice Manjula Chellur (Chairperson) and S.D. Dubey (Technical Member) allowed an appeal filed against an

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Coaching Classes do not fall within the definition of ‘Education Institutions’; Matters of Educational Institutions do not fall under Consumer Forum

National Consumer Redressal Commission (NCDRC): The Bench of R.K. Agarwal (President and V.K. Jain and M. Shreesha, Members, while taking into consideration

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Tribunal finds no reason to continue impugned order due to the appeal not involving a factual controversy; quashes impugned order

Securities Appellate Tribunal (SAT): A Two-Member Bench of Justice Tarun Agarwala (Presiding Officer) and Justice M.T. Joshi (Judicial Member) quashed the order

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Reasoning mandatory — while claiming exemption under S. 8(1) of RTI Act, 2005

Central Information Commission (CIC): Vanaja N. Sarna (Information Commissioner) while disposing of the RTI application instructed the ADG & CPIO, UIDAI –

Case Briefs Tribunals/Commissions/Regulatory Bodies

TDSAT | Migration of Cellular Mobile Telephone Service license to Unified License of Aircel Ltd; held, should not be rejected on grounds of misrepresentation of authority

Telecom Disputes Settlement and Appellate Tribunal: Justice S.K Singh (Chairperson), while hearing a petition regarding the dispute relating to the procedures to

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | NCLT’s order directing liquidation of corporate debtor upheld where resolution applicant was a ‘related party’ and thus not eligible under S. 29-A IBC

National Company Law Appellate Tribunal (NCLAT): A Bench of Justice Venugopal M., Member (Judicial) and Balvider Singh and Ashok Kumar Mishra, Members (Technical)

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Paltry compensation not an adequate redressal to allottee as it creates no pressure created on Developer to complete construction on time

National Consumer Disputes Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member), while disposing of a complaint, directed the builder to provide compensation in

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Company floating CIS without registering with SEBI held liable under S. 15-HA of SEBI Act

Securities Appellate Tribunal (SAT): A Two-Member Bench of Justice Tarun Agarwala (Presiding Officer) and Justice M.T. Joshi (Judicial Member) was hearing two

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Electronic sources of evidence cannot be used as proof unless they satisfy conditions of S. 138-C of Customs Act for proving undervaluation of goods

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): A two-member Bench of Justice Anil Choudhary, Member (Judicial) and Justice Bijay Kumar, Member

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Reconsideration of a case by District Forum, though warranted, must not be directed if it results in miscarriage of justice to complainant

National Consumer Disputes Redressal Commission (NCDRC): A Coram of Justice R.K. Agrawal (President) and Dinesh Singh (Member), disposed of a case centered

Case Briefs Tribunals/Commissions/Regulatory Bodies

APTEL | Bonafide delay can be condoned; Tribunal condones delay of 148 days while allowing the appeal

Appellate Tribunal for Electricity (APTEL): A Coram of Justice Manjula Chellur (Chairperson) and S.D. Dubey, (Technical Member) allowed an appeal filed against

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Dissenting financial creditor cannot be allowed to scramble CIRP process; only the collective decision of Committee of Creditors is enforceable by law

National Company Law Appellate Tribunal (NCLAT): A.I.S. Cheema, J. while deciding the present Company Appeal held that the dissenting Financial Creditor in

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Requirement of mens rea is a sine qua non for imposing a penalty on Customs Broker under Ss. 112 and 114AA of the Customs Act

Customs, Excise and Service Tax Tribunal (CESTAT): Justice P. Dinesha (Judicial Member) allowed the appeal filed by a shipping company against the

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Tribunals/Commissions/Regulatory Bodies

NCLAT | NCLT’s order of barring an auditor for 5 years on grounds of misusing his position, held –Unsustainable

CCI |”Asian Paints” threatened dealers to discontinue their supplies with alleged intent to hinder entry of “JSW Paints “

CIC | Information regarding details of police encounters in UP to be sought from UP State Information Commission

NHRC | Chilla Khadar village in Delhi does not have a school which forces the children to ride a boat to attend school — Violation of RTE

NCDRC | ICICI Bank misplaced original Sale Deed of customer; District Forum’s decision of compensation and reconstruction of sale deed — Upheld

NCDRC | Consumer alleging of defect in food served in a restaurant will have initial onus to prove that food quality was inferior

APTEL | Rejection of claim by the CERC under Regulation 14 of Tariff Regulations set aside for lack of justification

NCDRC | Coaching Classes do not fall within the definition of ‘Education Institutions’; Matters of Educational Institutions do not fall under Consumer Forum

SAT | Tribunal finds no reason to continue impugned order due to the appeal not involving a factual controversy; quashes impugned order

CIC | Reasoning mandatory — while claiming exemption under S. 8(1) of RTI Act, 2005

TDSAT | Migration of Cellular Mobile Telephone Service license to Unified License of Aircel Ltd; held, should not be rejected on grounds of misrepresentation of authority

NCDRC | Paltry compensation not an adequate redressal to allottee as it creates no pressure created on Developer to complete construction on time

SAT | Company floating CIS without registering with SEBI held liable under S. 15-HA of SEBI Act

CESTAT | Electronic sources of evidence cannot be used as proof unless they satisfy conditions of S. 138-C of Customs Act for proving undervaluation of goods

NCDRC | Reconsideration of a case by District Forum, though warranted, must not be directed if it results in miscarriage of justice to complainant

APTEL | Bonafide delay can be condoned; Tribunal condones delay of 148 days while allowing the appeal

NCLAT | Dissenting financial creditor cannot be allowed to scramble CIRP process; only the collective decision of Committee of Creditors is enforceable by law

CESTAT | Requirement of mens rea is a sine qua non for imposing a penalty on Customs Broker under Ss. 112 and 114AA of the Customs Act

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