“LAW SCHOOL TAUGHT ME ONE THING: HOW TO TAKE TWO SITUATIONS THAT ARE EXACTLY THE SAME AND SHOW HOW THEY ARE DIFFERENT.”
ALTERNATIVE DISPUTE RESOLUTION
Noida Toll Bridge Arbitration Matter
Supreme Court stays arbitration proceedings relating to DND toll dispute
The Supreme Court stayed arbitration proceedings between Noida authorities and Noida Toll Bridge Company Ltd concerning compensation claims after toll collection on the DND Flyway was stopped.
The dispute arose following Allahabad High Court directions regarding toll collection on the Delhi-NOIDA flyway.
Dr RS Grewal & Ors v. Chander Parkash Soni & Anr
Statutory tenants can be evicted only through procedures prescribed under rent laws – Supreme Court
The Supreme Court held that protections available to statutory tenants under rent control legislation can only be defeated by strictly following procedures laid down in such laws.
The Court emphasized mandatory compliance with rent control statutes before eviction.
The Judgement can be accessed at:
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Chairman and Managing Director, The Fertilizers and Chemicals Travancore Ltd v. General Secretary FACT Employees Association
Principle of Res Judicata applies to labour and industrial proceedings – Supreme Court
The Supreme Court reiterated that the doctrine of Res Judicata under Section 11 of the Civil Procedure Code applies equally to labour and industrial adjudication proceedings.
The Court clarified that issues finally decided cannot be reopened in subsequent industrial disputes.
The Judgement can be accessed at:
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Allahabad High Court Advocate Practice Matter
Full-time salaried employees cannot continue as practicing advocates
The Allahabad High Court held that a person enrolled as an advocate ceases to practice law upon accepting full-time salaried employment.
The Court observed that occasional appearances before Courts on behalf of employers do not amount to continuing legal practice.
CORPORATE
Asset Reconstruction Company (India) Ltd v. Mr Gopal Krishna Raju & Anr
Related parties with vested interests cannot participate in Committee of Creditors – NCLT
The Chennai Bench of the National Company Law Tribunal held that parties having vested interests or close relations with the corporate debtor cannot remain part of the Committee of Creditors.
The Tribunal directed removal of Anandcine Services Pvt Ltd from the CoC in insolvency proceedings involving Anandram Developers Pvt Ltd.
The Order can be accessed at:
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Andhra Bank v. Sterling Biotech Limited
NCLT rebukes resolution professional in Sterling Biotech insolvency matter
The National Company Law Tribunal criticised the resolution professional handling Sterling Biotech’s insolvency proceedings for failing to discharge statutory duties properly.
The Tribunal sought explanations for failure to recommend liquidation despite absence of approved resolution plans.
The Order can be accessed at:
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Rasiklal S Mardia v. Amar Dye Chem Limited
Shareholders can seek settlement approval even after appointment of liquidator – NCLAT
The National Company Law Appellate Tribunal held that shareholders and promoters may apply for creditor settlements even after appointment of an Official Liquidator.
The Tribunal clarified that the liquidator is not the exclusive person entitled to move applications under company law provisions.
The Judgement can be accessed at:
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Junaid Iqbal Mohammed Memon v. Union of India & Ors
Passport cannot be suspended merely for non-appearance in FEMA investigation – Delhi High Court
The Delhi High Court set aside suspension of the passport of Junaid Iqbal Mohammed Memon for non-appearance in Enforcement Directorate proceedings.
The Court held that willingness to cooperate through teleconferencing should have been considered by authorities.
The Judgement can be accessed at:
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Jaiprakash Associate Ltd v. Gaurav Goyal & Anr
Jaypee homebuyers permitted to proceed against parent company – Supreme Court
The Supreme Court declined to stay orders allowing Jaypee homebuyers to pursue consumer claims against Jaiprakash Associates Ltd for compensation and possession.
The Court allowed proceedings despite ongoing insolvency proceedings involving Jaypee Infratech Ltd.
The Order can be accessed at:
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COMPETITION
Bandhan Bank – Gruh Finance Acquisition Matter
CCI approves Bandhan Bank acquisition of Gruh Finance
The Competition Commission of India approved the proposed acquisition of Gruh Finance by Bandhan Bank through a share-swap arrangement.
The transaction enabled restructuring of promoter shareholding and expansion of Bandhan Bank’s housing finance presence.
The article can be accessed at:
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CCI ₹2,500 Crore Automobile Penalty Matter
Delhi High Court directs automobile companies to challenge CCI penalties before NCLAT
The Delhi High Court directed multiple automobile manufacturers to approach the National Company Law Appellate Tribunal against CCI penalties imposed for anti-competitive conduct in spare parts and after-sales services markets.
The penalties imposed by the Competition Commission exceeded ₹2,500 crore.
The Judgement can be accessed at:
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INFORMATION TECHNOLOGY
UTV Software Communication Ltd v. 1337X.to & Ors
Delhi High Court blocks torrent websites hosting pirated content
The Delhi High Court permanently restrained multiple torrent and rogue websites from hosting or distributing copyrighted movies, music and entertainment content.
The Court directed internet service providers to block access to infringing websites and suggested warning systems for users accessing pirated content.
The Judgement can be accessed at:
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Sandeep Vinod Kumar Singh v. Election Commission of India
Supreme Court directs Election Commission to review PM Modi biopic
The Supreme Court directed the Election Commission to watch the full biopic based on Prime Minister Narendra Modi and take an informed decision regarding its release during election season.
The Court instructed the Commission to submit its decision within the prescribed timeline.
The Order can be accessed at:
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PVR Limited v. Just Dial Limited
Delhi High Court restrains Justdial from unauthorized use of PVR trademark
The Delhi High Court restrained Justdial from using PVR trademarks and related booking interfaces without authorization.
The Court observed prima facie infringement and passing off in relation to the continued display of PVR content after expiry of contractual arrangements.
The Order can be accessed at:
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