“TRIALS ARE THE MOST ENTERTAINING OF ALL AMERICAN SPECTACLES, BETTER THAN THE THEATER, AND EXCEPT FOR A FEW SPECIAL CASES, MUCH MORE THRILLING THAN MOVIES.”
ALTERNATIVE DISPUTE RESOLUTION
Thulasidhara & Another v. Narayanappa & Others
Unregistered family settlement creates complete estoppel against parties – Supreme Court
The Supreme Court held that even an unregistered family settlement would operate as a complete estoppel against parties who were part of such settlement.
The Court emphasized that parties who accepted benefits under a settlement cannot later challenge its validity.
The Judgement can be accessed at:
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Ssangyong Engineering & Construction Co Ltd v. National Highways Authority of India (NHAI)
Government cannot unilaterally alter contracts and impose changes on unwilling parties – Supreme Court
The Supreme Court held that unilateral alteration or addition of contractual terms by the Government cannot be imposed upon an unwilling contracting party.
The Court observed that compelling performance of obligations never agreed upon would violate fundamental principles of justice.
The Judgement can be accessed at:
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Beemaneni Maha Lakshmi v. Gangumalla Appa Rao
Hardship defence in specific performance suits must be pleaded in written statement – Supreme Court
The Supreme Court held that defendants seeking to rely on hardship as a defence in specific performance matters must specifically plead it in their written statements.
The Court clarified that such pleas cannot ordinarily be raised at later stages of litigation.
The Judgement can be accessed at:
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Mangathai Ammal (Expired) through LRs and Others v. Rajeswari & Others
Part payment of sale consideration alone insufficient to establish benami transaction – Supreme Court
The Supreme Court held that payment of part sale consideration or stamp duty by another individual cannot by itself establish that a transaction is benami.
The Court reiterated that surrounding facts and overall intention of parties must also be considered.
The Judgement can be accessed at:
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Birla Corporation Limited v. Adventz Investments and Holdings Limited & Others
Replication of information from temporarily removed documents may amount to theft – Supreme Court
The Supreme Court held that information copied from documents temporarily removed from lawful custody can constitute “movable property” for purposes of theft under Section 378 IPC.
The Court clarified that wrongful extraction of confidential information may result in criminal liability.
The Judgement can be accessed at:
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Md Allauddin Khan v. The State of Bihar & Ors
Pendency of civil disputes alone not sufficient to quash criminal proceedings – Supreme Court
The Supreme Court held that the existence of parallel civil litigation between parties does not automatically justify quashing criminal proceedings.
The Court observed that criminal offences must be independently examined on their own merits.
The Judgement can be accessed at:
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CORPORATE
ICICI Bank v. Era Infrastructure (India) Limited
NCLT rejects insolvency plea due to duplicity of claims
The National Company Law Tribunal rejected ICICI Bank’s insolvency petition against Era Infrastructure on grounds of duplicity of claims.
The Tribunal observed that similar claims and supporting documents had already been rejected earlier by the Resolution Professional.
The Judgement can be accessed at:
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Ramco Systems Ltd v. Spicejet Ltd
NCLAT dismisses insolvency proceedings against SpiceJet
The National Company Law Appellate Tribunal dismissed an insolvency plea filed against SpiceJet by operational creditor Ramco Systems Ltd.
The Tribunal upheld the NCLT finding that strict proof of debt and default was absent in the matter.
The Judgement can be accessed at:
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Edelweiss Asset Reconstruction Co Ltd & Finquest Financial Solutions Pvt Ltd v. Ravi Shankar Devarakonda
NCLT permits lender to sell Reid & Taylor assets
The National Company Law Tribunal allowed Finquest Financial Solutions to take symbolic possession of Reid & Taylor properties and proceed with asset sale.
The order was passed in relation to insolvency proceedings concerning the textile company.
The Order can be accessed at:
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COMPETITION
Mr Kalyan Chowdhary v. Cipla Limited & Bengal Chemist and Druggists Association
CCI dismisses competition complaint against Cipla and chemist association
The Competition Commission of India dismissed allegations of anti-competitive conduct against Cipla Ltd and the Bengal Chemist and Druggists Association.
The Commission observed that the dispute raised by the complainant was essentially commercial in nature and not a competition law issue.
The Order can be accessed at:
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Maruti Suzuki Competition Investigation Matter
CCI examines allegations of anti-competitive discount control practices by Maruti Suzuki
The Competition Commission of India reportedly initiated examination of allegations that Maruti Suzuki controlled discounts offered by its dealers.
The inquiry focused on possible anti-competitive practices affecting automobile dealer operations.
INFORMATION TECHNOLOGY
Bata India Limited v. Chawla Boot House & Anr
Unknown parties cannot be arrayed as Defendant No.1 in IPR litigation – Delhi High Court
The Delhi High Court held that plaintiffs in intellectual property disputes cannot array unknown persons or nominal parties as Defendant No.1 merely to avoid detection in cause lists.
The Court directed plaintiffs to provide undertakings identifying the principal contesting defendant in such cases.
The Judgement can be accessed at:
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Ebixcash World Money Ltd & Ors v. Fraser Perring & Ors
Delhi High Court orders removal of article linked to short-selling allegations
The Delhi High Court directed Google and Twitter to remove an allegedly defamatory article concerning Ebixcash World Money Ltd.
The matter related to allegations of short-selling activities affecting stock market reputation.
The Order can be accessed at:
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Bharti Airtel Limited v. State of Chhattisgarh & Ors
Airtel liable to pay property tax for underground telecom cables – Chhattisgarh High Court
The Chhattisgarh High Court held that Bharti Airtel is liable to pay property tax in respect of underground cables laid for providing telecommunication services.
The Court upheld the authority of municipal bodies to levy such taxes on telecom infrastructure.
The Judgement can be accessed at:
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