Tribunals/Commissions/Regulatory Bodies Archives | Page 5 of 78

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Commissioner ought to have followed Supreme Court’s Ranbaxy Laboratories verdict’; CESTAT grants interest on delayed sanction of Refund claim under Rule 5 of CENVAT Credit Rules

“When series of decisions of Constitutional Courts are available then the Principle of Judicial discipline cast a duty on me to follow those and nothing else”, observed the Tribunal.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can lease be cancelled on the ground of ecological repercussion? NGT to determine the scope of its jurisdiction

It has been alleged that the Ecological concerns have not been taken into consideration while granting lease to certain Salt Plants. NGT will now decide if it has the power to cancel the lease on the grounds that the lease has an adverse impact on the environment.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Leniency application is like admission of guilt in a cartel; NCLAT upholds penalty imposed on United Breweries, Carlsberg and All India Breweries Association

NCLAT while deciding the issue of cartelisation by breweries observed that lesser penalty application indicates admission of guilt and held United Breweries, Carlsberg India Pvt. Ltd. and All India Breweries Association liable for cartelisation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC reacts in negative when the Complainant tries to outstretch the scope and ambit of Section 2(f) of the RTI Act

The issue raised by the Complainant during hearing in the instant matter is not as much as about seeking access to information per se and in fact, it is about the Complainant’s resolve of bringing to fore his grievance pertaining to alleged delay caused by Damodar Valley Corporation in reimbursement of medical expenditure/ bills of pensioners and further seeking clarifications from the CPIO in this regard.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | No Liquidator has any ‘personal rights’, to continue in Liquidation Process; Adjudicating Authority can order for replacement of Liquidator

National Company Law Appellate Tribunal | The bench comprising of M. Venugopal, J. and Naresh Salecha* (Technical Member) held that

National Consumer Disputes Redressal Commission (NCDRC)

Case Briefs Tribunals/Commissions/Regulatory Bodies

Read how a complainant’s acts and omissions vis-a-vis a JCB machine’s accident, led the NCDRC to draw an adverse inference in favour of the Insurer

In the instant matter the National Consumer Disputes Redressal Commission had to determine whether the complainant's JCB machine had fallen down or overturned for the purposes of an insurance claim

Case Briefs Tribunals/Commissions/Regulatory Bodies

Rule 11 of NCLAT Rules 2016 cannot be invoked even if there is no provision in IBC to deal with certain circumstances: NCLAT

National Company Law Appellate Tribunal | Dismissing the appeals, a bench comprising of Rakesh Kumar Jain*, J. and Kanthi Narahari

Case Briefs Tribunals/Commissions/Regulatory Bodies

Plea of pre-existing dispute must co-relate with amount claimed by Operational Creditor: NCLAT

National Company Law Appellate Tribunal | Allowing the appeal as the impugned order is contrary to law, the bench comprising of Rakesh

Case Briefs Tribunals/Commissions/Regulatory Bodies

Fictional Scheme to benefit few selected related parties; NCLAT upholds Liquidation of Corporate Debtor

National Company Law Appellate Tribunal | A bench comprising of Ashok Bhushan, J., Dr. Alok Srivastava* (Technical Member) and Barun

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | No provision for making any modification in the resolution plan; Adjudicating Authority can either approve or reject it

National Company Law Appellate Tribunal held that there is no provision in Insolvency Bankruptcy Code, 2016 for alteration or modification in the resolution plan by the Adjudicating Authority

Case Briefs Tribunals/Commissions/Regulatory Bodies

Approval/Non-approval of Resolution Plan is a commercial wisdom and Tribunal can’t interfere with the commercial wisdom: NCLAT

National Company Law Appellate Tribunal | Dismissing the appeal, Ashok Bhushan, J., Kanthi Narahari (Technical Member) and Barun Mitra (Technical

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC expresses severe displeasure over the conduct of PIO for denying providing of information on 2022 DDA Policy

PIO was directed to file a written submission to justify why actions should not be initiated against him/her under section 20 of the RTI Act, 2005 for furnishing misleading and contradictory information.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Principle that governs compensating a party for the time value for money would be applied for grant of interest on carrying cost on account of a change in law event; Appellate Tribunal for Electricity reiterates

The interest in ‘carrying cost' is nothing but time value for money and the only way a party can be afforded the benefit of restitution in every which way.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Application under Section 7 IBC relating to the interest component due even if principal amount is not due, held maintainable

National Company Law Appellate Tribunal | Upholding the maintainability of an application filed under S. 7 IBC, a bench comprising of Rakesh

Case Briefs Tribunals/Commissions/Regulatory Bodies

Builder deliberately not handing over the possession to the allottee despite receiving the whole of consideration; Haryana RERA modifies order of the State Authority to extend due date of delivery of the unit

The appellant was given ample opportunity to represent and defend itself, therefore, the contention of the appellant that the authority had not complied with the RERA Rules was found to be meritless.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT exempts All India Football Federation from paying service tax in accordance with the tripartite agreement between parties

AIFF did not render any service but concurred with the agreement whereby the rights were transferred from ZEEL to IMGR

Case Briefs Tribunals/Commissions/Regulatory Bodies

Armed Forces Tribunal | Once policy and rules were followed in matters of appointments in the Armed Forces, sympathy cannot be a substitute to grant benefit to a person

AFT held that there was no violation of principles of natural justice while discharging the applicant from service. Further, there is no place for generosity or misplaced sympathy on the part of the judicial forums particularly in the matter of recruitment and employment in a sensitive establishment like the Armed Forces.

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT| Hospitals providing medical facilities on a commercial basis are not charitable organisations; Not exempted from income tax

ITAT upheld the order of the CIT and said that the assessee had only provided treatment to a few patients at concessional rates, which was less than 1% of the revenue of the assessee. Thus, the activities of the assessee cannot be said to be charitable activities and it is not entitled for registration or approval under section 10(23C) or 12A of the Income Tax Act.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Tyre Cartelization Matter | NCLAT remanded matter back to CCI; asks to review fines to save domestic tyre industry

National Company Law Appellate Tribunal | In a landmark judgment related to cartelization activities of five major domestic tyre manufactures

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Necessary safeguards to be adopted for safety of the pilgrims and protection of environment at Amarnath

The Government of Jammu & Kashmir is committed to make the Yatra, environment friendly and is bound to always comply with the environmental norms and is committed to ensure that such disasters are never repeated in future.