“GOOD LAWS, IF THEY ARE NOT OBEYED, DO NOT CONSTITUTE GOOD GOVERNMENT.”
ALTERNATIVE DISPUTE RESOLUTION
SITAC Pvt Ltd v. Banwari Lal Sons Pvt Ltd & Ors
Specific performance cannot be granted when essential development agreement terms are uncertain – Delhi High Court
The Delhi High Court held that specific performance of a development agreement cannot be granted where essential and fundamental contractual terms remain undecided between parties.
The Court emphasized that incomplete agreements lacking certainty cannot be specifically enforced.
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Surinder Pal Soni v. Sohan Lal (D) Thru LR & Ors
Specific performance decree cannot be rescinded merely due to delayed deposit after appeal – Supreme Court
The Supreme Court held that a decree for specific performance does not become inexecutable merely because the plaintiff deposited the balance sale consideration after conclusion of the appeal.
The Court set aside the Punjab and Haryana High Court ruling which had denied enforcement on technical grounds.
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West Bengal Central School Service Commission & Ors v. Abdul Halim & Ors
High Courts exercising writ jurisdiction cannot function as appellate authorities – Supreme Court
The Supreme Court reiterated that while exercising powers under Article 226, High Courts do not sit in appeal over administrative decisions.
The Court clarified that judicial review is confined to examining legality, procedural fairness and abuse of power in decision-making processes.
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Prashanti Medical Services & Research Foundation v. Union of India & Ors
Equity and hardship cannot invalidate taxation statutes – Supreme Court
The Supreme Court observed that pleas based on hardship or equity cannot be grounds to challenge constitutional validity of taxing statutes.
The Court reiterated strict interpretation principles applicable in taxation law.
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Maharashtra Chess Association v. Union of India & Ors
Alternative forums do not automatically bar writ jurisdiction – Supreme Court
The Supreme Court held that existence of alternate remedies or contractual forum selection clauses does not automatically oust writ jurisdiction under Article 226.
The Court clarified that High Courts may still exercise writ jurisdiction in appropriate circumstances depending on overall facts and convenience.
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Zenith Drugs & Allied Agencies Pvt Ltd v. M/s Nicholas Piramal India Ltd
Arbitration clauses cannot survive subsequent compromise agreements – Supreme Court
The Supreme Court held that where parties settle disputes through compromise, arbitration clauses contained in earlier agreements cannot ordinarily be invoked for future disputes arising after settlement.
The Court clarified legal consequences of superseding compromise arrangements.
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CORPORATE
Ahluwalia Contracts (India) Limited v. Raheja Developers Limited
Section 9 insolvency applications cannot be rejected for disputes raised after demand notice – NCLAT
The NCLAT held that insolvency applications under Section 9 of the IBC cannot be rejected merely on the basis of disputes raised after issuance of demand notice.
The Tribunal clarified that disputes must pre-exist the statutory demand notice to defeat operational creditor claims.
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SSMP Industries Ltd v. Perkan Food Processors Pvt Ltd
IBC moratorium does not always bar counter-claims in suits by corporate debtor – Delhi High Court
The Delhi High Court held that Section 14 moratorium under the IBC does not automatically bar counter-claims where the suit and counter-claim are closely interconnected.
The Court permitted continuation of proceedings involving intertwined factual issues.
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Mr Nipun Singhvi v. CPIO, Insolvency and Bankruptcy Board of India
Names of insolvency professionals facing disciplinary action cannot be publicly disclosed – IBBI
The First Appellate Authority of the IBBI held that names of insolvency professionals facing disciplinary proceedings cannot be disclosed publicly.
The Authority observed that premature disclosure could hamper investigations and unfairly damage professional reputations.
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COMPETITION
CCI Review of Big Four Auditing Firms
Government seeks competition review of major audit firms
The Government reportedly requested the Competition Commission of India to assess whether major auditing firms such as PwC, EY, Deloitte and KPMG were affecting competition within the audit market.
The proposed inquiry focused on possible abuse of dominant position and market concentration concerns.
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RKG Hospitalities Pvt Ltd v. Oravel Stays Pvt Ltd
CCI dismisses abuse of dominance allegations against OYO
The Competition Commission of India dismissed allegations of unfair business practices against OYO Rooms.
The Commission held that OYO could not be conclusively considered dominant in the market for franchising services for budget hotels in India.
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Indian National Shipowners’ Association (INSA) v. Oil and Natural Gas Corporation Limited (ONGC)
CCI dismisses abuse of dominance complaint against ONGC
The Competition Commission of India dismissed allegations that ONGC abused its dominant position through contractual clauses used while hiring offshore support vessels.
The Commission held that unilateral termination rights available to ONGC were justified considering operational risks involved.
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INFORMATION TECHNOLOGY
Tower Vision India Private Limited v. The Panchayath Development Officer & The State of Karnataka
Panchayats possess authority to regulate mobile tower installations – Karnataka High Court
The Karnataka High Court upheld the authority of local panchayats to decide matters concerning installation of mobile phone towers.
The Court recognized powers of local self-governing institutions in regulating infrastructure within their jurisdictions.
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Yash Raj Films Pvt Ltd v. Sri Sai Ganesh Productions & Ors
Delhi High Court restrains Telugu remake for copyright infringement
The Delhi High Court held that the Telugu film “Jabardasth” blatantly copied Yash Raj Films’ movie “Band Baaja Baaraat”.
The Court restrained release and distribution of the Telugu film in all formats due to copyright infringement.
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