Tribunal Rules

SC quashes age, tenure norms for tribunals; calls for new oversight body

The Supreme Court scrapped the 50-year age bar and four-year tenure for tribunal members under the 2021 law, restored earlier rules, and directed the Centre to set up a National Tribunals Commission

SC strikes Tribunals Act provisions, says govt reintroduced quashed clauses

The Supreme Court on Wednesday struck down several provisions of the 2021 Tribunals Reforms law related to the appointment, tenure, and service conditions of members of various tribunals, saying they had been re-enacted by the Centre with minor tweaks. A bench of Chief Justice B R Gavai and Justice K Vinod Chandran said the impugned provisions violated the principles of separation of powers and judicial independence, and they should not have been brought back. The bench said that dealing with the backlog of cases was not the sole responsibility of the judiciary, and the onus must be shared by the other arms of the government. The bench held that Parliament had sought to "legislatively override" binding judicial precedents by re-enacting clauses previously quashed by the court. "We have compared the provisions of the Ordinance and the 2021 Act, and it shows that all provisions struck down, with minor tweaking, have been re-enacted again," the CJI said while reading the judgment. "T

NCLAT dismisses appeal by Think & Learn RP in Aakash shareholding row

NCLAT refuses to interfere with interim order in Aakash shareholding case, saying it was consensual and interlocutory; matter returns to NCLT Bengaluru for hearing

CII bats for central oversight body to reform India's tribunal system

Establishing a centralised oversight institution for tribunals would significantly enhance India's justice delivery system, making it more responsive and efficient, industry body CII said on Sunday. This move would also boost regulatory credibility, improve ease of doing business, and increase investor confidence, Confederation of Indian Industry (CII) added. To provide legislative backing to this exercise, suitable amendments may be introduced in the Tribunals Reforms Act, 2021, defining the mandate, structure, scope, and responsibilities, according to CII. Such a central body could undertake functions like performance monitoring, data tracking, coordination with the Search-Cum-Selection Committees, capacity building, and independent grievance redressal, it suggested. The industry lobby argued that the administrative control of tribunals is currently fragmented across various ministries and departments, leading to a lack of standardisation and functional inconsistencies. Enhancin

Tax departments withdrew 6,599 appeals from tribunals, courts: Govt

The tax departments have withdrawn 6,599 appeals filed before tribunals, High Courts and the Supreme Court following enhancement of monetary limits for filing such cases, Parliament was informed on Monday. In a written reply to a question in the Lok Sabha, Minister of State for Finance Pankaj Chaudhary said CBDT has enhanced monetary limit for filing appeals by Income Tax Department before the Income Tax Appellate Tribunal (ITAT), High Courts and the Supreme Court to Rs 60 lakh, Rs 2 crore and Rs 5 crore, respectively. The Central Board of Direct Taxes (CBDT) has identified 4,951 appeals for withdrawal from ITAT, High Courts and the apex court. Similarly, following revised monetary limit, the Customs and the Central Excise & Service Tax departments have withdrawn 477 and 1,171 appeals, respectively. In case of Central Excise and Service Tax, the government has set monetary limit for filing appeals by departmental officers before Customs Excise & Service Tax Appellate Tribunal .

NCLAT rejects plea to stay insolvency proceedings against Indrajit Power

The National Company Law Appellate Tribunal (NCLAT) has dismissed a plea to stay the insolvency proceedings against debt-ridden thermal power producer Indrajit Power. The appellate tribunal said "no error has been committed" by the National Company Law Tribunal (NCLT), while admitting the plea to initiate insolvency proceedings against the Maharashtra-based company on February 1, 2024, filed by Yes Bank. The said order passed by the Mumbai bench of NCLT was challenged by Rajiv Munjal, a director from the suspended board of Indrajit Power, before the NCLAT. However, NCLAT upheld the NCLT order observing that it admitted the insolvency plea after finding debt and default which is not even questioned in the appeal filed by the suspended board. "The submission of the appellant (director) that he proposes to enter into settlement, itself makes it clear that debt and default are admitted. In view of the aforesaid, we do not see any good grounds to entertain this appeal," said a two-membe

Another setback to Kejriwal, CAT refuses stay on Bibhav Kumar's termination

Bibhav Kumar was dismissed on grounds of 'illegal appointment' by the Vigilance Department

SAT refuses stay on market regulator Sebi's order against Brightcom

Sebi had also barred 21 others, including ace investor Shankar Sharma, from diluting their stakes in the company

SAT stays Sebi's directions in open offer for Federal-Mogul Goetze

In a letter dated 30 August, the market regulator appointed MM Nissim & Co as an independent chartered accountant to value the shares of Federal-Mogul Goetze for the open offer

No pension, PF for I-T, GST tribunal members under amended tribunal rule

Earlier, serving judges of the High Court or the Supreme Court were appointed as chairperson or a member while staying in their existing service, and were entitled to pension and other benefits

SAT sets aside Sebi AO order in NSE colo matter, sees nothing new in it

Tribunal was comparing latest order with previous one for which it issued directions in Jan; quashes fine imposed by Sebi officer, says same violation cannot suffer two penalties

How did IHH Healthcare manage to nurse Fortis hospitals back to health

After a bruising bidding war four years ago, Fortis has moved to pare its debt and expand modestly

Ola not obligated to deduct tax at source on payment to driver: ITAT

Tribunal says Ola is a mere intermediary; its role is limited to managing OLA app, facilitating transport services by the driver to the rider and payment collection via e-wallet on driver's behalf

Antrix-Devas arbitration: A timeline of the 11-year-long legal battle

The Delhi High Court has set aside an arbitration award that asked Antrix to pay $562 mn to Devas

SC disapproves of Centre's further verification of tribunal members

The Supreme Court on Tuesday disapproved of the Centre's practice to conduct additional verification of members chosen for the Income Tax Appellate Tribunal (ITAT), despite recommendation for the appointment by the Search and Selection Committee (SCSC).

NCLT orders insolvency proceedings against MGF Developments

A two-member Delhi based bench of NCLT passed the order

Uttarakhand HC asserts all CAT benches are equal, principal bench too

The high court set aside the CAT principal bench order related to transfer of a plea being heard in its Nainital bench to Delhi, saying the principal bench cannot be permitted to be usurper of power.

SC seeks Centre's reply on PIL seeking setting up of media tribunal

The plea said media, particularly the electronic, has become like an unruly horse which needs to be tamed

Tribunals on ventilators

Their predicament has worsened after the surprise lockdown

Judiciary plays hardball in making of tribunals as legal experts differ

Experts feel ideal solution is having a tribunal commission, with no side reigning supreme