Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Court traces the ‘untraced’: Finds needle in haystack| Rejects Closure Report| Issues Summons

Special Court, CBI, Ghaziabad: Shivank Singh, Special Judicial Magistrate (CBI), rejected the closure report filed by the CBI, stating that the Court

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | “Civil medical professionals are unaware of the demands of duties in forces.” Tribunal holds demand for medical check-up by civil doctors unsustainable

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

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NCLAT | Insolvency process proceeded without ‘Demand Notice’ being served under S. 8 IBC due to change in ‘registered address’. Does Insolvency and Bankruptcy Code allow to proceed in such circumstances? Read on

National Company Law Appellate Tribunal (NCLAT): The Division Bench of Venugopal M (Judicial Member) and Alok Srivastava (Technical Member) held that a

National Consumer Disputes Redressal Commission

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NCDRC | “Sympathy cannot substitute for conclusive evidence of medical negligence”: Can a doctor be liable for medical negligence even after performing his duty with reasonableness? Read

National Consumer Disputes Redressal Commission (NCDRC): The Division Bench of Dr S.M. Kantikar (Presiding Member) and Dinesh Singh (Member), while addressing the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | If a farmer suffers crop loss due to the usage of herbicides bought from a dealer or manufacturer of agri-inputs, can he claim a loss for crop damage? Read Commission’s reasoning

National Consumer Disputes Redressal Commission (NCDRC): Anup K. Thakur (Presiding Member) dismissed the revision petition while upholding the State Commission’s order. Respondent/Complainant

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | “We don’t agree that there is no stress and strain of service in military stations located in peace areas” Tribunal grants disability pension for hypertension

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

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CESTAT | Penalty imposed under S. 112 read with S. 114AA of the Customs Act, 1962 set aside; Tribunal allows appeal stating absence of mens rea

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal which was filed against the impugned order

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | “Deceased was on advance annual leave when he met with accident” Tribunal denied special family pension to widow of ex-servicemen

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

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NGT | Control of pollution in marriage halls, banquet halls, party venues: Tribunal directs for compliance of CPCB guidelines in view of Water Act, Air Act and Environment Protection Act

National Green Tribunal (NGT): Full Bench of Justice Adarsh Kumar Goel (Chairperson) and Justice Sheo Kumar Singh (Judicial Member) and Dr Nagin

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | If an employee of a stockbroker conducted fraudulent arbitrage operations for personal benefit causing loss to stockbroker company, would that be covered under ‘Fidelity’ clause of an insurance claim? Read on

National Consumer Disputes Redressal Commission (NCDRC): The Division Bench of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member) while partly allowing

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SAT | Selling only one share per transactions despite having adequate holding creates false misleading appearance of trading in the securities market and is violative of Regulation 3 and 4 of PFUTP Regulations

Securities Appellate Tribunal (SAT): Justice Tarun Agarwala, Presiding Officer, Dr C.K.G. Nair Member and Justice M.T. Joshi, Judicial Member affirmed the impugned

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CESTAT | Condition of bank guarantee found exorbitant; Tribunal allows appeal reducing amount of the bank guarantee

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

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CESTAT | “At the time of entertaining the refund claim, the issue of admissibility of the CENVAT credit cannot be raised”: Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal which was filed against the impugned orders

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SAT | Undue delay is a mitigating factor while imposing a penalty under S. 15J of the SEBI Act; Appeal allowed

Securities Appellate Tribunal (SAT): Justice Tarun Agarwala, Presiding Officer, Dr C.K.G. Nair, Member Justice and M.T. Joshi, Judicial Member affirmed the impugned

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SEBI bans Kishor Biyani and other promoters of FRL from securities market; Rs 17.78 crore to be disgorged for the wrongful gains made by them

Security and Exchange Board of India (SEBI): Ananta Barua, (Whole Time Member) found Chairman of Future Group, Kishor Biyani and its other

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | ‘CPA is for better consumer protection & speedy dispute redressal’: Costs imposed on HUDA for unnecessarily agitating a non-issue; Recovery to be made from officers responsible

National Consumer Disputes Redressal Commission (NCDRC): Dinesh Singh (Presiding Member), dismissed a revision petition filed by Haryana Urban Development Authority. The District

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Will an Insurance Company be obligated to notify the insured in regard to his policy being expired? Read in light of S. 50 of Insurance Act

National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) expressed that: Section 50 of the Insurance Act imposes a statutory obligation

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Noticing “unauthorised activities”, SEBI passes ex parte order against National Stock Advisory Research prohibiting its activities in stock market

Security and Exchange Board of India (SEBI): Madhabi Puri Buch, (Whole Time Member) issued ex-parte order against National Stock Advisory Research (NSAR)

Case Briefs Tribunals/Commissions/Regulatory Bodies

CERC | Whether the procedural delay of 3 days in filing the application for issuance of Renewable Energy Certificates can be condoned; Commission explains

Central Electricity Regulatory Commission (CERC): The Coram of P.K. Pujari (Chairperson), I.S. Jha (Member) and Arun Goyal (Member) disposed of a petition

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI | Can BCI be covered under the ambit of an ‘enterprise’ under S. 2(h) of Competition Act? Read why it was asserted that BCI misused its dominant position

Competition Commission of India (CCI): The Coram comprising of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members), considered