Penalty

Case BriefsTribunals/Commissions/Regulatory Bodies

CESTAT | Penalty cannot be imposed upon a corporate body under Rule 26; order imposing penalty set aside

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial member) allowed an appeal filed against a common impugned Order-in-Appeal. The

Case BriefsTribunals/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

Op EdsOP. ED.

The Odyssey of Google Search bias under the Indian Competition Law 

by Swati Sharma†

Case BriefsTribunals/Commissions/Regulatory Bodies

SAT | In cases where penalty is imposed for wrongly reporting margin short fall, same cannot be modified on submission that such reporting was merely a technical error

Securities Appellate Tribunal (SAT): The Coram of Justice Tarun Agarwala, (Presiding Officer) and Justice M. T. Joshi (Judicial Member), and Dr C.

Case BriefsHigh Courts

Bom HC | Shopkeeper who does not hold valid license under S. 3 of Essential Commodities Act, cannot be convicted under S. 7 thereof

Bombay High Court: Sadhana S. Jadhav, allowed a criminal appeal filed against the order of the trial court whereby the appellant was convicted

Case BriefsHigh Courts

HP HC | Employees Compensation Act: Service of show-cause notice to the employer before imposition of penalty is mandatory

Himachal Pradesh High Court: Tarlok Singh Chauhan, J. partly allowed the appeal of filed by an employer challenging the compensation granted to

Case BriefsTribunals/Commissions/Regulatory Bodies

FEMA Appellate Tribunal | Active involvement and intentional aiding must be present in order to constitute an offence of abetment

Appellate Tribunal for SAFEMA, FEMA, PMLA, NDPS & PBPT Act: Justice Manmohan Singh (Chairman) allowed an appeal challenging the impugned Judgment wherein

Case BriefsTribunals/Commissions/Regulatory Bodies

SAT | Appellant fined for executing fake trades and creating artificial volume through illiquid Stock Options to the tune of 54.68% of the total market volume in BSE

Securities Appellate Tribunal (SAT): A Division Bench of Justice Tarun Agarwala, (Presiding Officer) and Dr C.K.G. Nair (Member), upheld the order passed by

Case BriefsTribunals/Commissions/Regulatory Bodies

SAT | Penalty imposed on appellants for violation of SCRA waived off by BSE; matter remanded for fresh adjudication

Securities Appellate Tribunal (SAT), Mumbai: Coram of Justice Tarun Agarwala, (Presiding Officer), Dr C.K.G. Nair (Member), and Justice M.T. Joshi, (Judicial Member) directed

Case BriefsTribunals/Commissions/Regulatory Bodies

SAT | Companies cannot run CIS Scheme without registering it with SEBI

Securities Appellate Tribunal (SAT): Justice Tarun Agarwala (Presiding Officer) and Dr C.K.G. Nair (Member) justified the penalty imposed by SEBI on the appellants

Business NewsNews

RBI imposes ‘Monetary Penalty’ on 7 Public Sector Banks

Reserve Bank of India (RBI) has, by an order dated July 31, 2019, imposed monetary penalty on seven banks for non-compliance with

Business NewsNews

RBI imposes penalty on — One Mobikwik Systems Private Limited and Hip Bar Private Limited

In exercise of powers vested under Section 30 of the Payment and Settlement Systems Act, 2007, the Reserve Bank of India has

Case BriefsHigh Courts

Utt HC | Petition against quantum of penalty imposed by State Pollution Control Board dismissed as a matter still pending before NGT

Uttaranchal High Court: Sudhanshu Dhulia, J. contemplated a writ petition where the residents of village Danpur in Rudrapur moved a petition before

Case BriefsHigh Courts

Sikkim HC | Court refuses to condone delay where application drafted in haphazard manner and with nary a care to detail or explanation

Sikkim High Court: A Division Bench of Vijai Kumar Bist, CJ and Meenakshi Madan Rai, J. dismissed a writ petition filed against the

Business NewsNews

Reserve Bank of India imposes monetary penalty of Rs 7 crore on State Bank of India

Press Release The Reserve Bank of India (RBI) has imposed, by an order dated 15-07-2019, monetary penalty of 70 million on State

Case BriefsHigh Courts

Chh HC | Prosecution under Ss. 276-C and 277 of Income Tax Act doesn’t survive if penalty imposed on assessee is deleted by appellate authority

Chhattisgarh High Court: Prashant Kumar Mishra, J. quashed criminal proceedings pending against the petitioner-assessee before the Chief Judicial Magistrate for the commission of

Case BriefsTribunals/Commissions/Regulatory Bodies

SAT | “Proportionality” is a basic principle to adhere while interpreting any provisions relating to punishment with serious consequences

Securities Appellate Tribunal (SAT): The Coram of Tarun Agarwala, J. (Presiding Officer), Dr C.K.G. Nair (Member), M.T. Joshi, J. (Judicial Member) partly

Case BriefsHigh Courts

Utt HC | Furnishing information beyond the mandate amounts to denial of information by officer under RTI Act

Uttaranchal High Court: Alok Singh, J. dismissed a writ petition filed by Sahak Nagar Adhikari, who was Public Information Officer under Right

Case BriefsTribunals/Commissions/Regulatory Bodies

FEMA | Onus to prove non-filing of SDF lies on Enforcement Directorate, if letter of credit opened by overseas buyer is negotiated by Authorised Dealer against a shipping bill

Appellate Tribunal for SAFEMA, FEMA, PMLA, NDPS & PBPT Act: Manmohan Singh, J. set aside Enforcement Directorate’s order imposing a penalty on

Case BriefsTribunals/Commissions/Regulatory Bodies

SAT | No disproportionate gain or unfair advantage made, nor any loss caused to the investors by non-disclosure, penalty reduced

Securities Appellate Tribunal, Mumbai: The Coram of Tarun Agarwala, J., (Presiding Officer), Dr C.K.G. Nair, (Member), M.T. Joshi, J., (Judicial Member) dismissed