Regulatory

Legal opinion: The sleeping FSSAI giant awakes from its slumber as Maggi tumbles

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As the Indian food safety regulator has just announced that it would finally draft new norms for maximum lead and other heavy-metal content in foods, Advocate Kunal Kishore explains why food regulation has been neglected for far too long.

Did Nestle cause the Maggi mess or is law & regulation to blame? [via Mint]

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s05etts2
There’s a crisis in the packaged food market after Hindustan Unilever Ltd followed Nestle India Ltd in pulling its instant noodles off the shelves. Tata Starbucks Ltd, too, has withdrawn some of its products.

Amarchand Delhi, JSA fail to stop SEBI following up DLF cap markets ban with Rs 86 cr fine

Amarchand Mangaldas and J Sagar Associates (JSA) led DLF and its top officials to a Rs 86 crore Securities and Exchange Board of India (SEBI) penalty yesterday. Amarchand Delhi managing partner Shardul Shroff briefed senior advocate JJ Bhatt for DLF, its executive chairman KP Singh, vice chairman Ra...

ELP wins for Aircel & Dishnet; JSA, ALA lose for Tata, Reliance in TDSAT spectrum allocation petition

Economic Laws Practice (ELP), J Sagar Associates (JSA) and Aggarwal Law Associates (ALA) respectively advised telecom operators Aircel and Dishnet, Tata Teleservices, and Reliance Communications in their challenge before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to the Departmen...

The CCI’s Jet-Etihad combination order: Ambiguous and incomplete

Etihad
Etihad
Delhi high court advocate Sudipto Sircar argues that the Competition Commission of India’s (CCI) surprisingly deficient market research before approving the Jet-Etihad combination on 11 December, has put an otherwise desirable investment into jeopardy by exposing the combination to inevitable litigation.

RBI to level playing field for foreign banks converting to wholly-owned subsidiaries

The Reserve Bank of India proposed in a statement yesterday that it would allow foreign banks’ wholly owned subsidiaries to open branches anywhere in India as local banks have been allowed to do. Most foreign banks in India operate as branches as not wholly-owned subsidiaries at the moment, reported...

JSA hazards investor smiles after CERC gives tariff increase nod for Adani Power

Power Project
Power Project
J Sagar Associates (JSA) advised Adani Power, part of the Adani business conglomerate, which obtained a favourable ruling from the power sector regulator Central Electricity Regulatory Commission (CERC).

US regulator allows foreign lawyers to work in-house, nearing more liberal Indian rules

The American Bar Association (ABA) has ruled that foreign qualified lawyers may work as in-house lawyers in all 50 US states with limited authority. In India in-house lawyers have to surrender state bar council registrations, meaning they can effectively work without oversight of the legal regulator...

TDSAT now in lock-down but ex-MTNL MD appointment in progress

The Telecom Disputes Settlement and Appellate Authority (TDSAT) is now practically defunct, after the body’s only serving member PK Rastogi retired, as predicted in a column on Legally India in January . According to an Economic Times’ telecommunications ministry source, the appointment process for ...

SAT member-less with PK Malhotra’s appointment to legislative department

PK Malhotra – the last of the two present members in the Securities Appellate Tribunal (SAT), and currently presiding over the body – was appointed as secretary of the legislative department. The other member – SSN Moorthy – is set to retire this month. [ PTI ] The tribunal has had no presiding offi...

TDSAT chairman SB Sinha retires, ex-SC judge Cyriac Joseph gets chair

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) got a new chairman in former Supreme Court judge Cyriac Joseph. Joseph who retired from the SC on 27 January after three-and-a-half years on the roster, succeeds former SC judge SB Sinha at the chair after Sinha’s retirement last month. ...

Kapil Sibal to sterilise Net but undercover sting shows 6 of 7 websites already trigger-happy to censor under ‘chilling’ IT Act

Kapil Sibal looks for Internet spring clean of objectionable content
Kapil Sibal looks for Internet spring clean of objectionable content
Breaking: The Bangalore-based Centre for Internet and Society (CIS) has carried out an undercover investigation into the “chilling effects” of new information technology laws on freedom of expression online, with six out of seven major websites removing innocent content online without proper investigation, creating a “private censorship regime”.

New stringent IT restrictions on online content, cyber cafes, personal data use explained, criticised

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The notification of the Information Technology Rules 2011 in April 2011 include new privacy and online publishing regulations, which could pose significant roadblocks for business operations with restrictive handling of personal data and information and introduction of stringent guidelines for intermediaries and cyber cafes.

BCI floats conflict rules, soft legal aid duty, ads & CFA ban in new Ethics Code: Seeks comments

Exclusive: The Bar Council of India (BCI) has requested comments on the new draft code of ethics for advocates, which introduces rules on conflicts of interests, bans conditional fee arrangements (CFAs) and continues to restrict advertising and business interests of lawyers.

Trilegal paves way for Indian data protection, privacy law to prevent misuse of data

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Trilegal co-founding partner Rahul Matthan has drafted a proposal for the department of personnel training a create an Indian privacy and data protection law that would regulate the storage and disclosure of personal information.

Legal pulse: CCI battles its tribunal's interference in SC

The Competition Commission of India (CCI) has gone to the Supreme Court to curtail the powers of its own appellate tribunal in the case of SAIL v Jindal Steel, with senior advocates, Economic Laws Practice and Amarchand Mangaldas representing the parties.

Legal Pulse: SC Judgment could make regulators more difficult to challenge

The Supreme Court has held that the legislative functions of a regulatory commission are beyond the jurisdiction of the quasi-judicial powers of its appellate tribunal and should be dealt with via judicial review.