Tribunals/Commissions/Regulatory Bodies Archives | Page 43 of 90

National Consumer Disputes Redressal Commission

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NCDRC | Investigation and Survey by an insurance company are fundamental in determining the amount payable to insured: Can a survey be disregarded or dismissed? Read Commission’s decision

National Consumer Disputes Redressal Commission (NCDRC): Dinesh Singh (Presiding Member) while addressing the instant first appeal upheld the State Commission’s Order in

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NCLAT | If an applicant finds the finding of a Judgment to be erroneous, can he be permitted to seek rehearing of appeal under R. 11 of NCLAT Rules, 2016? Tribunal considers

National Company Law Appellate Tribunal(NCLAT): The Division Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Shreesha Merla (Technical Member), while addressing the

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NCLAT | S. 65 of IBC is not meant to negate process under S. 7 or 9 of IBC; Penal action under S. 65 can be taken only when provision of Code has been invoked fraudulently, with malicious intent

National Company Law Appellate Tribunal (NCLAT): The Bench of Justice Venugopal M. (Judicial Member) and V.P. Singh (Technical Member) and Shreesha Merla (Technical

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CESTAT | Less than 12 residential units to be covered under exemption clause, refund allowed; Tribunal considers the Architect certificate, floor plan

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Suvendu Kumar Pati (Judicial Member) allowed an appeal filed against the rejection of refund

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[Flashback] NGT | Read the decision highlighting the impact of rafting and camping sites on environment: Does camping fall under the ambit of ‘non-forest’ activity? || Detailed report

The concept of ‘Back to Nature’ ought not to be used for developing revenue at the cost of Environment and Ecology.

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CESTAT | Refund claim was to be given directly to the service recipient; Tribunal allows appeal holding that the refund claim was not hit by barred of unjust enrichment

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal against the order of dismissal by the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Delivery of vehicle while withholding its original documents, would amount to illegal delivery of the vehicle? Commission answers

National Consumer Disputes Redressal Commission (NCDRC): Anup K Thakur (Presiding Member), held that delivering the vehicle and withholding the documents of the said

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can a generic expression be granted registration and/or protection as a trade mark under trade mark laws? IPAB explains if “N 95” is capable of being registered or protected as a trade mark

Intellectual Property Appellate Board (IPAB): The Bench of Justice Manmohan Singh (Chairman) and Lakshmidevi Somanath (Technical Member, Trademarks) and Makyam Vijay Kumar

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NCLAT | Whether Corporate Insolvency Resolution Process can be initiated against Principal Borrower and Corporate Guarantor simultaneously for same set of debt and default? Tribunal decides

National Company Appellate Tribunal (NCLAT): The Division Bench of Justice A.I.S Cheena (Judicial Member) and V.P. Singh (Technical Member) reinforced that in the

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SEBI holds promotors of NDTV guilty of insider trading, bars them from securities market for two years

Securities Exchange Board of India (SEBI): S.K. Mohanty, (Whole Time Member) has barred two promoters of NDTV, namely Mr Prannoy Roy and

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Enterprise Resource Planning (ERP) does not attract service tax under the category of Management or Business Consultant Service; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of S.S. Garg (Judicial Member) and P. Anjani Kumar (Technical Member) allowed

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NCLT | Whether Resolution Professional is under obligation to make over payment of shortfall in gratuity payable to employees? NCLT examines

National Company Law Tribunal (NCLT): The Coram of Dr Deepti Mukesh (Judicial Member) and Sumita Purkayastha (Technical Member), reiterated that any shortfall in

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CESTAT | Calculation of Revenue found to be erroneous and high pitched; Tribunal allows appeal setting aside penalty S. 11AC read with R. 25 of Central Excise Rules

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member), allowed an appeal which was filed aggrieved by the judgment

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Under Public Trust Doctrine, State has to act as trustee of water bodies; States/UTs directed to designate nodal agency for restoration of water bodies

National Green Tribunal (NGT): The Full Bench of Justice Adarsh Kumar Goel (Chairperson) and Sheo Kumar Singh (Judicial Member), Dr Stayawan Singh Garbyal

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CIC decides whether disclosure of income tax returns and gross income of husband to his wife is permissible under RTI Act or not || Read the decision

Central Information Commission (CIC): Neeraj Kumar Gupta (Information Commissioner) decided whether disclosure of income tax returns of the husband to wife under RTI

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | ‘Lack of funds no excuse for State’s failure to maintain clean environment which is a fundamental right’: Govt. of HP directed to take remedial steps to contain pollution

National Green Tribunal (NGT): Full Bench of Justice Adarsh Kumar Goel (Chairperson) and Sheo Kumar Singh (Judicial Member), Satyawan Singh Garbyal and Dr

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether an ‘Unsuccessful Resolution Applicant’ whose Resolution Plan gets rejected by CoC has locus to question implementation of approved Resolution Plan? NCLAT thoroughly determines

National Company Law Appellate Tribunal (NCLAT): The Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Justice Anant Bijay Singh (Judicial Member), Dr

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CIC | Third Party-Information in light of S. 11 of RTI Act & exemption of disclosure of information: Read Commission’s view

Central Information Commission (CIC): Neeraj Kumar Gupta (Information Commissioner) addressed the instant matter and highlighted the essence of provisions of Right To Information

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Interest on delayed refund under the provisions of S. 27A of Customs Act, 1962 does not arise; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P. Venkata Subba Rao (Technical Member) allowed an appeal which was filed against the

Case Briefs Tribunals/Commissions/Regulatory Bodies

IBBI | Is an Insolvency Resolution Professional eligible to accept an assignment after 31st December 2019? Relevant Provision explained in light of IP regulations

Insolvency and Bankruptcy Board of India (IBBI): Dr Mukulita Vijayawargiya (Whole Time Member, IBBI) disposed of a show-cause notice issued to a