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Tribunals/Commissions/Regulatory Bodies

Case BriefsTribunals/Commissions/Regulatory Bodies

Allottees of real estate project ‘financial creditors’ under amended Section 5(8)(f) of I&B Code; appeal against NCLT order allowed

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice A.I.S. Cheema, Member (Judicial) allowed

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Published on September 15, 2018February 6, 2019By Bhumika Indulia
Leave a comment4638 views
Case BriefsTribunals/Commissions/Regulatory Bodies

Complete dismantling and further re-making amounts to manufacture; appellant was not required to reverse Cenvat credit under Section 16(2) of Central Excise Rules: CESTAT

Customs, Excise & Service Tax Appellate Tribunal (CESTAT): A Division Bench comprising of Ashok Jindal Member (Judicial) and Anil G. Shakkarwar Member

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Published on September 12, 2018March 7, 2019By Bhumika Indulia
Leave a comment2106 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

Damages caused by acts done under the influence of alcohol are debarred from the insurance claim

National Consumer Disputes Redressal Commission (NCDRC): A Single Judge Bench comprising of V.K Jain, J., dismissed a consumer plaint for claim of insurance.

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Published on September 7, 2018March 7, 2019By Bhumika Indulia
1 Comment4241 views
Case BriefsTribunals/Commissions/Regulatory Bodies

Non-implementation of Fly-ash Notifications and order of NGT does not raise competition issues: CCI

Competition Commission of India (CCI):  The bench comprising of Sudhir Mital, Chairperson and Augustine Peter, U.C. Nahta and G.P. Mittal, Members while

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Published on September 3, 2018March 7, 2019By Bhumika Indulia
1 Comment4015 views
Case BriefsTribunals/Commissions/Regulatory Bodies

Application under Sections 7, 9 or 10 I&B Code not adversarial litigation; NCLT not required to record detailed decision thereunder: NCLAT

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial) 

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Published on September 3, 2018December 13, 2018By Bhumika Indulia
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Case BriefsTribunals/Commissions/Regulatory Bodies

No reduction in fine imposed under Section 92(5) of Companies Act as Directors not disclosing their accounts: NCLAT

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial)

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Published on September 3, 2018September 3, 2018By Bhumika Indulia
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Case BriefsTribunals/Commissions/Regulatory Bodies

No restriction on conversion of Tata Sons to private limited company; was a ‘hybrid’ company all along: NCLAT

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial)

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Published on August 29, 2018August 30, 2018By Bhumika Indulia
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Case BriefsTribunals/Commissions/Regulatory Bodies

Exemption granted from application of Section 3(2) of Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011

Securities and Exchange Board of India (SEBI): G. Mahalingam, whole time Member, in this order granted exemption from application of Section 3(2)

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Published on August 29, 2018December 13, 2018By Bhumika Indulia
Leave a comment3849 views
Case BriefsTribunals/Commissions/Regulatory Bodies

Agreement between consumer and service provider does not qualify as ‘agreement’ contemplated under Section 3(3) of Competition Act: CCI

Competition Commission of India(CCI): A four-member bench comprising of Sudhir Mital, Chairperson and Augustine Peter, U.C. Nahata and Justice G.P. Mittal, Members

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Published on August 25, 2018December 19, 2018By Bhumika Indulia
Leave a comment3090 views
Case BriefsTribunals/Commissions/Regulatory Bodies

Limitation on initiation of ‘process’ by financial creditor to be counted from the date when Section 7 I&B Code came into force: NCLAT

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial)

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Published on August 25, 2018January 21, 2019By Bhumika Indulia
Leave a comment3396 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

Consumer Protection Act, 1986 is not meant to be a tool to obtain wrong gains or to create ‘nuisance value’

National Consumer Disputes Redressal Commission (NCDRC): A Division Bench of Dr S.M. Kantikar and Dinesh Singh, Members, dismissed a revision petition filed

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Published on August 25, 2018December 13, 2018By Bhumika Indulia
1 Comment3339 views
Case BriefsTribunals/Commissions/Regulatory Bodies

Non-compliance of SEBI directions seriously compromise regulatory framework; leniency in penalty would defeat intent of Section 15-HB SEBI Act: SEBI

Securities and Exchange Board of India (SEBI): A single member bench comprising of Santosh Shukla, Chief General Manager (Adjudicating Officer) exercised his

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Published on August 25, 2018August 25, 2018By Bhumika Indulia
Leave a comment3201 views
Case BriefsTribunals/Commissions/Regulatory Bodies

If ‘debt’ has been ‘disputed’, question of default doesn’t arise; orders under Section 9 I&B Code quashed: NCLAT

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice A.I.S. Cheema, Member (Judicial), allowed

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Published on August 25, 2018October 18, 2018By Bhumika Indulia
Leave a comment5380 views
Case BriefsTribunals/Commissions/Regulatory Bodies

Disputed question of facts cannot be determined by NCLT; application under Section 9 I&B Code rejected: NCLAT

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial)

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Published on August 23, 2018October 18, 2018By Bhumika Indulia
Leave a comment6056 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

A genuine claim is not to be rejected by the insurer only on account of delay in its submission

National Consumer Disputes Redressal Commission (NCDRC): A Singh Member Bench of V.K. Jain, Member, dismissed a revision petition filed against the order

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Published on August 22, 2018August 23, 2018By Bhumika Indulia
1 Comment4526 views
Case BriefsTribunals/Commissions/Regulatory Bodies

CCI dismisses the allegation of ‘anti-competitive’ practice against Timex Group

Competition Commission of India (CCI): The Bench comprising of Sudhir Mital, Chairperson and Augustine Peter, U.C. Nahta and G.P. Mittal, Members, while

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Published on August 21, 2018August 29, 2018By Bhumika Indulia
1 Comment3159 views
Case BriefsTribunals/Commissions/Regulatory Bodies

Appeal filed under I&B Code by ‘suspended’ Board of Directors—held not maintainable: NCLAT

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya and Balvinder Singh, Member (Technical) restored the Corporate

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Published on August 20, 2018August 27, 2018By Bhumika Indulia
1 Comment4405 views
Case BriefsTribunals/Commissions/Regulatory Bodies

NHRC issues notice to Delhi Govt and Police Commissioner, Delhi over sexual assault of minor in a government school

National Human Rights Commission: NHRC has taken suo motu cognizance of a media report that a six year old girl, studying in

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Published on August 17, 2018By Saba
Leave a comment2271 views
Case BriefsTribunals/Commissions/Regulatory Bodies

SEBI directs appointment of forensic auditor under Section 11 of SEBI Act on suspicion of misuse of books of accounts and misrepresentation of financials

Securities and Exchange Board of India (SEBI), Mumbai: The whole-time Member of SEBI, Madhabi Puri Buch addressed the issue of whether there

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Published on August 17, 2018December 15, 2018By Bhumika Indulia
Leave a comment4382 views
Case BriefsTribunals/Commissions/Regulatory Bodies

I&B Code overrides Companies Act; Insolvency Resolution Process cannot be defeated by taking resort to internal dispute: NCLAT

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial)

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Published on August 17, 2018October 18, 2018By Bhumika Indulia
Leave a comment4675 views

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