Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Jurisdiction for claim of refund filed/initiated to be dealt under the provision Central Excise law and not by the provision of CGST law

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) dismissed the application filed by the Revenue (CCE & ST,

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Twitter, Telegram and the tattered chances-Illicit act of swindlers recommending stock tips on social media; Tribunal acts immediately

Securities Exchange Board of India (SEBI): SK Mohanty, Whole Time Member, while acting immediately on the matter, was of the opinion that

Case Briefs Tribunals/Commissions/Regulatory Bodies

Is approval with 90% vote of CoC required before allowing withdrawal of CIRP application even where CoC was not yet constituted? NCLAT clarifies law on S. 12-A IBC

National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Jarat Kumar Jain (Judicial Member) and

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Home buyers cannot be expected to wait indefinitely for taking possession: NCDRC allows consumer complaint against Builder, directs refund, imposes costs

National Consumer Disputes Redressal Commission (NCDRC): Deepa Sharma (Presiding Member) and Subhash Chandra (Member) dealt with a complaint filed under Section 21 read

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Galls for missed opportunity as “Judicial Dishonesty” and “Contempt”; Gives opportunity to the Appellant

Securities Appellate Tribunal (SAT): The Coram of Tarun Agarwala, J (Presiding Officer) and M.T. Joshi, J (Judicial Member), in the same matter

Case Briefs Tribunals/Commissions/Regulatory Bodies

Is Google abusing dominant position in news aggregation? CCI gives prima facie findings; discusses Snippets, Mirror Image Websites, Paywall Options, etc.

Competition Commission of India (CCI): On finding merit in allegations of news publishers’ Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma

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Why did CCI suspend the Amazon-Future deal? Detailed analysis of CCI order imposing Rs 202 crores penalty on Amazon

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | ”obiter dictum” not legally binding as precedent; jurisdictional commissioner cautioned for filing frivolous applications

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Suvendu Kumar Pati (Judicial Member) dismissed an appeal which was filed in response to

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC expresses concern over the living conditions of slum dwellers in Mumbai

The National Human Rights Commission, India has expressed concerns over the living conditions of slum dwellers in Mumbai. Acting on a complaint

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Aggrieved with the categorisation as ‘unsecured creditor’, Tribunal secures ‘secured creditor’, having relinquished the security interest

National Company Law Appellate Tribunal, New Delhi: The Coram of Ashok Bhushan J, (Chairperson), and Dr Alok Srivastava (Technical Member) while accepting

Case Briefs Tribunals/Commissions/Regulatory Bodies

Insolvency for Individuals & Partnership Firms | Is it proper for NCLT to record finding regarding default when RP is yet to consider it and submit report? NCLAT discusses Ss. 95, 97, 99 IBC

National Company Law Appellate Tribunal, New Delhi (NCLAT): Coram of Justice Ashok Bhushan (Chairperson) and Justice Jarat Kumar Jain, Judicial Member and

Case Briefs Tribunals/Commissions/Regulatory Bodies

Arbitral Tribunal finds SJDA at fault; directs to refund bid amount of Rs 84.24 crores to the claimant in New Township Project

Arbitral Tribunal, New Delhi: The Arbitral Tribunal comprising of B.P. Singh (Retd.), A.K. Patnaik (Retd.) and Gyan Sudha Misra (Retd.), JJ., directed

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Apple charging a commission of up to 30% on all payments made through its in-app purchase system, is a violation of its dominant position? CCI orders investigation

Competition Commission of India (CCI): Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma, Bhagwant Singh Bishnoi (Members) directs the investigation in

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Merely mentioning in Discharge book that cause of death was aggravated by military service not sufficient; Tribunal emphasises on need for medical opinion for Special Pension

Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether non-referral of patient to Specialist or higher centre amounts to deficiency in service or medical negligence of the treating doctor/hospital? NCDRC decides

National Consumer Disputes Redressal Commission (NCDRC): Justice R.K. Agarwal (President) and Dr S.M. Kantikar and Binoy Kumar (Members) decided a matter with

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Suppression of facts in the nature of ‘undeclared goods’ and ‘misdeclared good’ resulting in confiscation made under S. 28 (4), held to be valid and proper

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Sulekha Beevi (Judicial Member), dismissed the appeal against the order of Commissioner of Customs

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Rejection of refund on the ground of limitation not justified; Appeal allowed

Customs, Excise & Service Tax Appellate Tribunal (CESTAT): Sulekha Beevi C.S., J. (Judicial Member) allowed an appeal wherein the refund was rejected

Case Briefs Tribunals/Commissions/Regulatory Bodies

Attachment of Bank Accounts of a Corporate Debtor: Is it violative of S. 14 of IBC during pendency of Corporate Insolvency Resolution Process? NCLT explains

National Company Law Tribunal, Mumbai Bench: The Coram of H.V. Subba Rao, Judicial Member and Chandra Bhan Singh, Technical Member directed that

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Can demand of Service Tax be levied under commercial services involving composite contracts? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Division Coram of Sulekha Beevi (Judicial Member) and P Venkat Subbarao (Technical Member)

Case Briefs Tribunals/Commissions/Regulatory Bodies

Completion Certificate issued prior to commencement of The Real Estate (Regulation and Development) Act, 2016: Will buyer’s case be maintainable? Read on

Odisha Real Estate Regulatory Authority, Bhubaneswar: Siddhanta Das, Chairperson, Pradeep Kumar Biswal, Member – I and Ramanath Panda, Member – II held