Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Existence of Dispute prior to issuance of Demand Notice-NCLT and NCLAT in rhythm, rejects appeal

National Company Law Appellate Tribunal (NCLAT): The Coram of Ashok Bhushan, J (Chairperson), Jarat Kumar Jain, J (Judicial) and Dr Ashok Kumar

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Relents unrelentingly | Tribunal concerns and the concerns of the concerned counterbalanced- 4 weeks and 2000 crore, to lift attachment order while withdraws for some on exigencies and age

Securities Appellate Tribunal, Mumbai (SAT): The Coram of Tarun Agarwala, J (Presiding Officer) and M.T. Joshi, J (Judicial Member), while withdrawing the attachment

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Exception granted for gifting shares in an acquisition| Proposed acquirer to file report within 21 days post-acquisition

Securities and Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member, while deciding an order, granted exemption to the Anived Family

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Condonation of Delay: Is it a matter of right? NCDRC explains

National Consumer Disputes Redressal Commission (NCDRC): Expressing its opinion of ‘Condonation of Delay’, Coram of C. Viswanath (Presiding Member) and Justice Ram

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | “Gross injustice done is a case of mind set and adhering to old junk system”; Tribunal imposes exemplary cost of Rs. 75,000 on government for not implementing the order of the High Court for about 23 years

Armed Forces Tribunal: The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) slammed the Union

Case Briefs Tribunals/Commissions/Regulatory Bodies

Does an arbitration clause in an agreement bar consumer forum’s jurisdiction? NCDRC answers relying on SC decision

National Consumer Disputes Redressal Commission (NCDRC): Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member)reiterated that the presence of an

Case Briefs Tribunals/Commissions/Regulatory Bodies

Law on Force Majeure | Builder taking shelter of “Force Majeure” clause for delay in handing over possession: Justified or not? Read what NCDRC says

National Consumer Disputes Redressal Commission (NCDRC): Expressing that the builder cannot take shelter of “Force Majeure” while delay in handing over possession

Case Briefs Tribunals/Commissions/Regulatory Bodies

Will hostel facility which is incidental to providing education as per object of assessee be a charitable purpose exempted under S. 11 of Income Tax Act? ITAT answers

Income Tax Appellate Tribunal (ITAT): Coram of Anil Chaturvedi (Accountant Member) and Suchitra Kamble (Judicial Member) allowed the appeal filed by the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Consumer Protection | Under what circumstances will a person cease to be a consumer? Significance of indulging in commercial activities by buying and selling property: Explained

National Consumer Disputes Redressal Commission (NCDRC): Coram of Justice Deepa Sharma (Presiding Member) and Subhash Chandra (Member)directed a full refund of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether the supplementary invoices relate to the date of original clearance or the date on which the supplementary invoice was raised? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and P.V. Subba Rao (Technical Member) partly allowed

Case Briefs Tribunals/Commissions/Regulatory Bodies

Medical Negligence | Kidney instead of Kidney Stones removed: Whether hospital will be vicariously liable for its employee’s negligent act? Read to know

Consumer Disputes Redressal Commission, Gujarat State, Ahmedabad: Noting the fact that a patients Kidney was removed instead of the stones in the

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Assuring profits in a market already subjected to risk- Debarred from the market for subjecting others to risk

Securities and Exchange Board of India (SEBI): G. Mahalingam, Whole Time Member, while deciding an order was of the opinion that the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Law on Unfair Trade Practice | Builder insisting to sign on papers which stated that “buyer was receiving villa in full ready condition” even when it was not in a liveable condition: Is builder’s act under ‘unfair trade practice’? NCDRC decides

National Consumer Disputes Redressal Commission (NCDRC): Noting unfair trade practice by the builder while insisting the buyers to sign a paper wherein

Case Briefs Tribunals/Commissions/Regulatory Bodies

Law on Builder-Buyer Dispute | 9-years delay in delivering possession of apartment: Read NCDRC’s decision on refund and interest

Can Buyer be asked to wait indefinitely for possession of flat even after 9-years of delay?

Case Briefs Tribunals/Commissions/Regulatory Bodies

Dual Till, Light Touch Regulation and exclusion from liability to pay UDF by transit passenger; Telecom Tribunal’s decision deals a blow to BIAL

Telecom Disputes Settlement & Appellate Tribunal (TDSAT): S.K. Singh, Chairperson rejected the claims raised by Bangalore International Airport Pvt. Ltd. (BIAL) whereby

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | If two reasonable constructions of a taxing provision are possible, that construction which favours the assessee must be adopted; Appeal allowed

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P. Dinesha (Judicial Member) allowed an appeal which was filed with the point of

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Where lesser age is recorded in school certificate than the actual age; correct date of birth will be the one recorded by the parents in service records

Armed Forces Tribunal: Resolving a date of birth related controversy, the Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether refund claim under R. 5 of CCR can be rejected on the ground that appellant did not debit amount of refund claimed at the time of filing refund claim, but have debited such amount subsequent to the filing of refund claim but before adjudication?

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed an appeal which was filed bearing the issue as

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Is hypertension a disability attributable to or aggravated by Military Service? Will Invalidation make one entitled to disability pension? Tribunal decides

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) granted disability

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT| When subjective satisfaction of dispensing with the inquiry is not supported by any independent material, dispensing with holding the inquiry would be illegal

“If a preliminary inquiry could be conducted, there may not be any reason as to why formal departmental inquiry could not have been initiated against the delinquent.”