Tribunals/Commissions/Regulatory Bodies Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

United Kingdom| ICO imposes £90,000 fine on American Express for sending marketing emails without consent

The Information Commissioner’s Office (‘ICO’) issued a monetary penalty notice in which it imposed a £90,000 fine on American Express Services Europe

Case Briefs Tribunals/Commissions/Regulatory Bodies

KSCDRC | Charging money for 3D Glasses for viewing a 3D Movie by theatre owners would amount to violation of ‘Consumer Rights’? Commission answers

Kerala State Consumer Disputes Redressal Commission (KSCDRC): The Coram of Justice Sri K. Surendra Mohan (President) and T.S.P Moosath (Judicial Member), Ranjit.

Case Briefs Tribunals/Commissions/Regulatory Bodies

DSCDRC | If a car is purchased for company’s Vice-President’s personal use, would VP come under the umbrella of Consumer Protection Act? Read on

Delhi State Consumer Disputes Redressal Commission (DSCDRC): Coram of Dr Justice Sangita Dhingra Sehgal (President) and Anil Srivastava (Member) decided on the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC issues notices to Centre and States over alleged denial of benefits during Covid pandemic under PMGKAY and IMPDS due to non completion of bio metric authentication of beneficiaries

The National Human Rights Commission has taken cognizance of a complaint alleging denial of benefits to the people during Covid pandenic under

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Can SAT function without a Technical Member? Read the controversy raised by SEBI

Today, SEBI has raised an objection. Tomorrow a private litigant would raise a similar objection. It would be a never-ending process. This issue needs to be resolved on the judicial side as well.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | When an applicant seeks information from a Public Authority under RTI Act, can the Public Authority seek proof of citizenship from the person concerned? Under what circumstances can ‘Photography’ of documents be allowed under RTI Act? Exhaustive Report

Central Information Commission (CIC): Amita Pandove (Information Commissioner) held that, “…information which is available in record or accessible by a public authority

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NHRC| Uttar Pradesh DGP and Chitrakoot prison authorities asked to submit action taken report in the Chitrakoot jail shootout incident

National Human Rights Commission on complaints in the killing of three inmates in a shootout in Chitrakoot Jail has asked the Uttar

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Can allottees refuse to accept possession of flat even after receiving Occupation Certificate, even if there is delay in said offer? Does this lead to termination of contract? Read more

National Consumer Disputes Redressal Commission (NCDRC): While dealing with a case, wherein a consumer was subjected to the agony of delayed possession

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | ‘Balance and Security Confirmation Letter’ is sufficient ‘acknowledgement of debt’ so as to extend limitation period for initiating insolvency proceedings under S. 7 IBC

National Company Law Appellate Tribunal (NCLAT): A Division Bench of Justice Venugopal M. (Judicial Member) and V.P. Singh (Technical Member) dismissed an

Case Briefs Tribunals/Commissions/Regulatory Bodies

Norway | ‘Datatilsynet’ fines Norwegian Olympic and Paralympic Committee and Confederation of Sports NOK 1.2M for disclosing personal data of 3.2M individuals

On May 11, 2021, the Norwegian Data Protection Authority (‘Datatilsynet’) fined the Norwegian Olympic and Paralympic Committee and Confederation of Sports (‘NIF’)

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT| Assessment Officer can’t “mechanically” act on incomplete and incorrect facts and reopen a case without consulting the assessment records

by Akshat Malpani†

Case Briefs Tribunals/Commissions/Regulatory Bodies

AEPD fines individual for unlawful video surveillance practices

On April 21, 2021, the Spanish data protection authority (‘AEPD’) fined an individual of €1,500 for having a video surveillance device aiming

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | 10 Appeals, one tripartite agreement, with almost similar quandary on ‘Spectrum’| Non payment of dues-Can Spectrum be used as security interest in insolvency and moratorium as an excuse| Convoluted attempts to “offer peanuts”?

National Company Law Appellate Tribunal (NCLAT): A Coram of Bansi Lal Bhat, J. (Acting Chairperson), Anant Bijay Singh, J. (Judicial Member) and

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Selling a second-hand car, in place of a new car, after accepting full consideration price for a new car, inter alia constitutes ‘unfair trade practice’ under S. 2(1)(r) of Consumer Protection Act

National Consumer Disputes Redressal Commission (NCDRC): Dinesh Singh, Presiding Member, held that, “…selling a second-hand car, in place of a new car,

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Consumer Protection Act, 2019 provides for hierarchy of Consumer Fora to deal with consumer complaints, depending upon pecuniary value of complaint; Complaint filed to demand disproportionate compensation only to inflate value of complaint — Dismissed

National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) while addressing the complaint reiterated the settled position of law, expressed that,

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | “Forwarded as received”– Whatsapp messages needs to be proved by preponderance of probabilities for it to be deemed as unpublished price sensitive information| SEBI’s order set aside

Securities Appellate Authority (SAT): A 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

NCLAT | What was manifested as pre-conditions for Resolution Plan turns out to be premeditated | Prevented from taking a fine u-turn | Imposed a fine instead

National Company Law Appellate Tribunal (NCLAT): Coram of Bansi Lal Bhatt, J. (Acting Chairperson), Anant Bijay Singh, J. (Judicial Member), Dr Ashok

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | A potential ‘No’ turned into a definite ‘Yes’| Yes Bank camouflaged risk with devious safeguards to lure investments in AT1 bonds| Attracted a Rs 25 crore penalty

Securities and Exchange Board of India (SEBI): Soma Majumder, Adjudicating Officer, imposed a 25 crore penalty on Yes Bank Ltd. (YBL), and

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Compensation for damage to environment has to be in light of cost of restoration: Issue of compensation to be revisited in case of illegal mechanical sand mining on river bed of Yamuna

National Green Tribunal (NGT): The Coram of Justice Adarsh Kumar Goel, Chairperson and Justice Sudhir Agarwal, Justice Brijesh Sethi, Judicial Members and

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | For passing a valid adjudication order, valid service of show cause notice is essential; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed an appeal in which the issue before the Tribunal