Tribunals/Commissions/Regulatory Bodies Archives | Page 26 of 78

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SEBI | ‘Diligence is due diligence done diligently’-Impliedly volumed | Recommendations revised attributing to the gravity of the lapses

Securities Exchange Board of India (SEBI): G Mahalingam, (Whole Time Member) while revising the recommendations made by the Designated Authority (DA) considering

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Widow of deceased renounces matrimonial house leaving mother-in-law in destitute; Mother and widow entitled to equal shares of family pension

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT| 31 hearings, no regards to time, addendums, midway interruptions and yet no heed to initiation to liquidation; Adjudicating authority advised to be mindful

National Company Law Appellate Tribunal– A Coram of Bansi Lal Bhatt, J. (Acting Chairperson) and Dr Ashok Kumar Mishra (Technical Member) ordered

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CESTAT | Whether place of providing service play any role in entitlement of Cenvat Credit? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ramesh Nair (Judicial Member) allowed an appeal which was filed against the denial order

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | If a fund transfer is effected through net banking and due procedure is followed by the Bank for the transfer, Can the account holder allege deficiency of service and negligence on the Bank? Read on

National Consumer Disputes Redressal Commission (NCDRC): C. Vishwanath (Presiding Member) upheld the State Commission’s Order. Petitioner/Complainant who was an account holder of

Case Briefs Tribunals/Commissions/Regulatory Bodies

TDSAT | A dispute between two service providers may be maintainable even in absence of a subsisting agreement; Totality of facts to be considered

Telecom Disputes Settlement Appellate Tribunal (TDSAT): Justice Shiva Kirti Singh dismissed the petition being devoid of merits. Facts The facts of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | On account of active and willful issuance of fake and bogus contract notes, stockbroker registration cancelled

Securities and Exchange Board of India (SEBI): G. Mahalingam (Whole Time Member), while exercising powers conferred under Section 12(3) read with Section

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT| Whether amount deducted from the sale proceeds constitute trading receipts in the hands of the Assessee?

by Akshat Malpani†

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Otherwise difficult to get for ‘real’, procured for ‘imaginary’ house: ‘Builder’, ‘bogus allottees’ and ‘sanctioners’ in trouble for loan | Issues summons

Special Court, CBI, Ghaziabad: The Court of Shivank Singh, Special Judicial Magistrate (CBI), issued summons against the builder for the alleged unapproved imaginary

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NCLAT | Reagitating what is already recorded only because liberty was given for appeal, held absurd | Declines to entertain

National Company Law Tribunal (NCAT): A Coram of Justice A.I.S. Cheema (Judicial member) and Dr Alok Srivastava (Technical member) dismissed an appeal

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT| Issuance of the cheque is indicative of acknowledgement of debt, even if returned dishonored

National Company Law Appellate Tribunal- A Coram of Anant Bijay Singh, J. (Judicial Member) and Shreesha Merla (Technical Member) dismissed an appeal

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CBI | Adjudication on ‘changed circumstances’ not conducive to be treated as ‘review’ | Grants permission to lead secondary evidence

Special Court, CBI, Ghaziabad- The Court of Shivank Singh, Special Judicial Magistrate (CBI), allowed the application where permission to lead secondary evidence

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AFT | Disease which surfaced within four months of enrolment cannot be attributable to or aggravated by Army service; Tribunal rejects disability pension

Armed Forces Tribunal: The Division Bench of Justice Virender Singh (Chairperson) and Air Marshal BBP Sinha, Member (A) rejected the instant application

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Delhi Gymkhana Club – ‘Nepotism in upper echelons?’ | Holding it true, suspends General Committee

National Company Law Appellate Tribunal (NCLAT): A Coram of Justice Bansi Lal Bhat (Acting Chairperson), Justice Anant Bijay Singh(Judicial Member), Dr Ashok

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NCDRC | Newborn child in the care of hospital staff and her grandmother suffered from thermal burns. Will this amount to Contributory Negligence? Is the hospital vicariously liable? Read on

National Consumer Disputes Redressal Commission (NCDRC): The Division Bench of Anup K Thakur (Presiding Member) and Dr S.M. Kantikar (Member) while addressing

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT | Employer is entitled to withhold payment of gratuity even after the employee had attained his superannuation; Tribunal reiterates legal position

Central Administrative Tribunal (CAT): Aradhana Johri, Member (A), partly allowed the instant application whereby the applicant had sought for issuance of directions

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | SEBI pulls up entities for fraudulent trading practices: Imposes ₹ 80 lakh fine

Securities and Exchange Board of India (SEBI): Maninder Cheema, Adjudicating Officer, imposed a total fine of Rs 80 lakh on eight entities

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | ‘As is where is basis, as is what is basis, whatever there is basis’; A super imposed condition in auctions | Reiterated again

National Company Law Appellate Authority Tribunal (NCLAT), New Delhi: The Bench of Justice Bansi Lal Bhatt (Acting Chairperson), Shreesha Merla (Technical member)

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Sahara India Financial Corp. Ltd., “not fit and proper person”; Sub-Broker Registration Cancelled

Securities and Exchange Board of India (SEBI): G. Mahalingam, (Whole Time Member) while accepting the recommendations of the Designated Authority (DA) held

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Reluctance to undergo criteria course cannot create a bar for benefit of Modified Assured Career Progression Scheme

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