Tribunals/Commissions/Regulatory Bodies Archives | Page 45 of 78

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI | Companies not to indulge in mandating clearance/NOC/LOC that are anti-competitive as per S. 3 of Competition Act

Competition Commission of India (CCI): Ashok Kumar Gupta (Chairperson) and U.C. Nahta and Sangeeta Verma (Members) heard the information filed by MPCDF

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Doctor is vicariously liable for the acts of his team which assists him in every sphere of rendering treatment to the patient

National Consumer Dispute Redressal Commission (NCDRC): A Coram of R.K. Agrawal (President), J. and M. Shreesha (Member) allowed an appeal against the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Appeal under S. 61 IBC not maintainable in absence of decision by Adjudicating Authority

National Company Appellate Tribunal (NCLAT): The Bench comprising of S.J. Mukhopadhaya, J. (Chairperson) and A.I.S Cheema, J. and Kanthi Narahari, Members, Judicial and

Case Briefs Tribunals/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 Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Ganga Pollution: Failure to take prompt action to remedy pollution of the river – restoration cost may be recovered from officers responsible

National Green Tribunal (NGT): A Coram of Justice A.K. Goel (Chairperson), Justice S.P. Wangdi (Judicial Member), Justice K. Ramakrishnan (Judicial Member) and

Case Briefs Tribunals/Commissions/Regulatory Bodies

PMLA | Nexus to transaction must be proved to array a person as defendant in proceedings for confiscation of property involved in money laundering

Appellate Tribunal for PMLA: The Tribunal chaired by Manmohan Singh, J. set aside an order restraining a woman from sale or transfer

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | “Mercedes expected to run smoothly”; Rs 2 lakhs compensation to owner on report of expert committee held not excessive

National Consumer Disputes Redressal Commission (NCDRC): V.K. Jain (Presiding Member), J. addressed a complaint concerning the manufacturing defect in a “Mercedes CDI-220”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Claim to be a ‘financial creditor’ valid when amount disbursed has been made for consideration of time value of money in favour of borrower

National Company Law Appellate Tribunal (NCLAT): A Coram of Sudhansu Jyoti Mukhopadhaya, J. (Chairperson), A.I.S. Cheema, J. (Judicial Member) and Kanthi Narhari

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Claim for pension is based on continuing wrong, and relief can be granted if such continuing wrong creates a continuing source of injury

Armed Forces Tribunal: A Coram of Justice SVS Rathore (Judicial Member) and Air Marshal BBP Sinha (Administrative Member) allowed an ex-hawaldar’s application

Case Briefs Tribunals/Commissions/Regulatory Bodies

PMLA | Investigating Authority cannot attach the property indefinitely in the name of investigation

Appellate Tribunal, Prevention of Money Laundering Act (New Delhi): A Coram of Manmohan Singh (Chairman), J. and G.C. Mishra (Member) allowed an

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Court demands ‘reasoned speaking order’ explaining as to why the beneficial provisions were not extended when it should have been

Armed Forces Tribunal, New Delhi: The Bench of Virender Singh, J. (Chairperson) and Let. Gen. N.B. Singh, Member (A), disposed of a

Case Briefs Tribunals/Commissions/Regulatory Bodies

RERA | RERA Act, being a special law for protection of interest of consumers in real estate sector, prevails over Companies Act

Rajasthan Real Estate Regulatory Authority: A Coram of Nihal Chand Goel (Chairman) and Rakesh Jain (Member), rejected an application for staying the proceedings

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT | Notification issued in pursuance of a service rule which has already been quashed by Court, is illegal and liable to be set aside

Central Administrative Tribunal (CAT), Chandigarh: Sanjeev Kaushik, (Member) J. quashed the order issued by the Chandigarh administration which provided that new recruits

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | ‘Polluter Pays’ principle does not mean that polluter can pollute and then pay for it – Must include environmental cost and direct cost to people

National Green Tribunal: A Coram of Justice A.K. Goel (Chairperson), Justice S.P. Wangdi (Judicial Member), Justice K. Ramakrishnan (Judicial Member) and Dr

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Naib Subedar entitled to service pension along with retirement benefits for holding an honorary rank

Armed Forces Tribunal (AFT): The Coram of Justice V.K. Shali (J) and Air Marshal B.B.P. Sinha (A), partly allowed an Original Application

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Objective of SEBI Act is to regulate healthy growth of securities market: No action to be taken without following principles of natural justice

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | “Notice of motion” by a member is covered under “proceedings in Parliament”; exempted from disclosure under S. 8(1)(c) of RTI Act

Central Information Commission (CIC): The Chief Information Commissioner, Sudhir Bhargava, while addressing an application under the Right to Information Act, 2005 held that,

SCC Times

Tribunals/Commissions/Regulatory Bodies

NCDRC | Doctor is vicariously liable for the acts of his team which assists him in every sphere of rendering treatment to the patient

NCLAT | Appeal under S. 61 IBC not maintainable in absence of decision by Adjudicating Authority

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

NGT | Ganga Pollution: Failure to take prompt action to remedy pollution of the river – restoration cost may be recovered from officers responsible

PMLA | Nexus to transaction must be proved to array a person as defendant in proceedings for confiscation of property involved in money laundering

NCDRC | “Mercedes expected to run smoothly”; Rs 2 lakhs compensation to owner on report of expert committee held not excessive

NCLAT | Claim to be a ‘financial creditor’ valid when amount disbursed has been made for consideration of time value of money in favour of borrower

AFT | Claim for pension is based on continuing wrong, and relief can be granted if such continuing wrong creates a continuing source of injury

PMLA | Investigating Authority cannot attach the property indefinitely in the name of investigation

AFT | Court demands ‘reasoned speaking order’ explaining as to why the beneficial provisions were not extended when it should have been

RERA | RERA Act, being a special law for protection of interest of consumers in real estate sector, prevails over Companies Act

CAT | Notification issued in pursuance of a service rule which has already been quashed by Court, is illegal and liable to be set aside

NGT | ‘Polluter Pays’ principle does not mean that polluter can pollute and then pay for it – Must include environmental cost and direct cost to people

AFT | Naib Subedar entitled to service pension along with retirement benefits for holding an honorary rank

SAT | Objective of SEBI Act is to regulate healthy growth of securities market: No action to be taken without following principles of natural justice

APTEL | Maintenance of Judicial discipline is part of judicial process; Tribunal directs implementation of order

NGT | Even if pollution is contributed by others, entity violating environmental norms cannot avoid responsibility

NCLAT | Rejection of application under S. 9 IBC upheld where CIRP initiated with ‘fraudulent and malicious’ intent

CIC | “Notice of motion” by a member is covered under “proceedings in Parliament”; exempted from disclosure under S. 8(1)(c) of RTI Act