“WE HAVE TO CONTINUALLY BE JUMPING OFF CLIFFS AND DEVELOPING OUR WINGS ON THE WAY DOWN.”
ALTERNATIVE DISPUTE RESOLUTION
PASL Wind Solutions Pvt. Limited v. GE Power Conversion India Pvt. Limited
Nothing Stands in the way of party autonomy in designating a Seat of Arbitration outside India – 20 April 2021
The Supreme Court has held that two companies incorporated in India can choose a forum for arbitration outside India.
The question before the Court was whether two companies incorporated in India can choose a forum for arbitration outside India and whether an award made at such forum can be treated as a foreign award under Part II of the Arbitration and Conciliation Act, 1996.
A three-judge bench held that “Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen to be Indian nationals.”
The Court clarified that the substantive law of India will continue to apply wherever required and such arrangements are not contrary to public policy.
The Judgement can be accessed at:
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COMPETITION & UNFAIR TRADE PRACTICE
Whatsapp LLC v. Competition Commission of India & Anr.
Delhi High Court dismisses Facebook, WhatsApp pleas against CCI order to investigate privacy policy – 22 April 2021
The Delhi High Court dismissed the plea of instant messaging app WhatsApp challenging the decision of the Competition Commission of India (CCI) calling for an investigation into its controversial new privacy policy.
WhatsApp had contended that since the issue of its privacy policy was before the Supreme Court, the CCI did not need to order the probe.
The Judgement can be accessed at:
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CORPORATE
National Plywood Industries Ltd. v. JSVM Plywood Industries Ltd. & Anr.
High Court not to use Inherent power to undermine statutory dictate under Sections 14 and 17 IBC – 22 April 2021
The Supreme Court ruled that the inherent power of the High Court under Section 482 of the Code of Criminal Procedure should not be used to undermine statutory provisions under Sections 14 and 17 of the Insolvency and Bankruptcy Code (IBC).
The Judgement can be accessed at:
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Axis Ispat Pvt. Limited v. Union of India
An opportunity of being heard shall be provided to a Company during Investigation by Registrar under Companies Act – 7 April 2021
The Delhi High Court held that the Registrar may call for information, inspect books, and conduct inquiries only after informing the company of the allegations and giving an opportunity of being heard.
The Petitioner sought quashing of multiple show cause notices issued by the Ministry of Corporate Affairs under various sections of the Companies Act, 2013.
The Court observed that the Petitioner ought to be given a reasonable opportunity of being heard before further proceedings are initiated.
The Judgement can be accessed at:
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INFORMATION TECHNOLOGY
X v. Union of India & Ors.
Delhi High Court Sets Guidelines for Online Content Removal – 20 April 2021
The Delhi High Court laid down guidelines to be followed by courts while dealing with cases related to removal of objectionable content from the internet.
The purpose is to ensure that access to such offensive material is restricted at the earliest and it is not reposted elsewhere.
The Judgement can be accessed at:
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Kishor Tarone v. State of Maharashtra & Ors.
WhatsApp group admin not liable for objectionable post by other member – 22 April 2021
The Nagpur Bench of the Bombay High Court held that an administrator of a WhatsApp group cannot be held criminally liable for objectionable posts made by another member of the group.
The Court observed that group administrators only have limited powers of adding or removing members and cannot regulate or censor content before it is posted.
It further held that in the absence of any special penal provision creating vicarious liability, a WhatsApp group administrator cannot be held liable unless common intention or pre-arranged plan is established.
The Judgement can be accessed at:
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LAW OF LIMITATION
Supreme Court Order dated 27 April 2021
Supreme Court Restores Order Extending Limitation; Period From 14.03.2021 Excluded From Computing Limitation Period Until Further Orders
The Supreme Court extended the limitation period for filing cases in courts and tribunals with effect from 14.03.2021 until further orders due to the second wave of the COVID-19 pandemic.
The Court observed that the second wave had created an alarming situation and placed litigants in a difficult position.
Accordingly, the period from 14.03.2021 would stand excluded while computing limitation periods under all general and special laws.
This order can be accessed at:
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