“LAWS MADE BY COMMON CONSENT MUST NOT BE TRAMPLED ON BY INDIVIDUALS.”
ALTERNATIVE DISPUTE RESOLUTION
Mayandi v. Pandarachamy & Anr
Fresh suit on same cause of action barred after dismissal for default – Supreme Court
The Supreme Court held that where a suit is dismissed for default under Order IX Rule 9 of the Code of Civil Procedure, a fresh suit on the same cause of action by successors in title is barred.
The Court clarified that successors derive their rights through the original plaintiffs and therefore remain bound by procedural consequences suffered by them.
The Order can be accessed at:
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Surendra Prasad Mishra Smt v. Ramawati & Ors
High Courts should avoid scathing remarks against subordinate judiciary – Supreme Court
The Supreme Court observed that High Courts should not pass harsh or disparaging remarks against subordinate court judges merely because they disagree with their conclusions.
The Court emphasized the importance of judicial restraint and maintaining institutional dignity within the judiciary.
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Mohinder Jeet Singh v. BMW India Pvt Ltd & Ors
Buyer of defective second-hand BMW allowed to pursue damages claim – Delhi High Court
The Delhi High Court permitted a purchaser of a second-hand BMW vehicle to proceed with a damages claim against BMW India and its dealer after the vehicle allegedly caught fire within months of purchase.
The Court held that issues regarding manufacturing defects and liability required adjudication before the competent civil court.
The Judgement can be accessed at:
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Surinder Kaur (D) Thr Lr Jasinderjit Singh (D) Thr Lrs v. Bahadur Singh (D) Thr Lrs
Specific performance may be refused for failure to perform essential contractual obligations – Supreme Court
The Supreme Court held that a party seeking specific performance must demonstrate compliance with essential contractual obligations.
The Court observed that non-performance of a vital promise disentitles the party from obtaining equitable relief of specific performance.
The Judgement can be accessed at:
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Glencore International AG v. Dalmia Cement (Bharat) Limited
Delhi High Court rules against withholding tax deductions on foreign arbitral award
The Delhi High Court directed release of the entire decretal amount under a foreign arbitral award without deduction of withholding tax.
The Court held that once an arbitral award merges into a decree, it becomes a judgment debt executable according to its tenor unless specifically modified by statute.
The Judgement reinforced India’s pro-enforcement approach towards foreign arbitral awards.
The Judgement can be accessed at:
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Ritu Saxena v. J S Grover & Anr
Self-serving income statements insufficient to prove readiness and willingness – Supreme Court
The Supreme Court held that mere self-serving statements regarding financial capacity are insufficient to establish readiness and willingness in suits seeking specific performance.
The Court observed that plaintiffs must produce reliable evidence demonstrating actual financial capability to perform contractual obligations.
The Judgement can be accessed at:
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D A V College Trust and Management Society & Ors v. Director of Public Instructions & Ors
Government-funded educational institutions fall under RTI Act – Supreme Court
The Supreme Court held that schools, colleges and non-profit institutions substantially financed by the Government are subject to the Right to Information Act.
The Court clarified that public funding attracts transparency obligations under the RTI framework.
The Judgement can be accessed at:
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Siddharth Infotech Pvt Ltd and Ors v. Sri S R Dodawad
Non-signatories may invoke arbitration clause in appropriate circumstances – Karnataka High Court
The Karnataka High Court reiterated that non-signatories to a contract may invoke arbitration clauses against signatories under certain circumstances.
The Court recognized evolving jurisprudence concerning composite transactions and interconnected contractual relationships.
The Order can be accessed at:
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Faheema Shirin R K v. State of Kerala
Right to internet access forms part of fundamental rights – Kerala High Court
The Kerala High Court held that access to the internet forms part of the fundamental right to education and the right to privacy under Article 21 of the Constitution.
The Court recognized internet access as essential for participation in modern educational and social life.
The Judgement can be accessed at:
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CORPORATE
Manjeet Kaur Sran v. Tricolite Electrical Industries Ltd
Limitation begins from date of denial by debtor – NCLAT
The National Company Law Appellate Tribunal held that limitation in insolvency matters commences from the date of denial or dispute raised by the debtor.
The Tribunal further clarified that disputes concerning quantum alone do not automatically constitute a “pre-existing dispute” under Section 9 of the IBC.
The Order can be accessed at:
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Pravin Blaggan v. Goa Auto Accessories & Mr Suresh Saluja
Question regarding IRP’s power to dispossess occupants referred to larger bench – NCLT
The National Company Law Tribunal referred to a larger bench the issue of whether an Interim Resolution Professional may dispossess persons occupying corporate debtor property that is already subject to pending litigation.
The reference arose due to conflicting judicial opinions on powers available during insolvency proceedings.
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Elektrans Shipping Pte Ltd v. Pierre D’silva & M/s Elektrans Shipping Private Limited
IBC proceedings maintainable even against struck-off companies – NCLAT
The National Company Law Appellate Tribunal held that insolvency proceedings under Sections 7 and 9 of the IBC may be initiated even against companies whose names have been struck off from the Register of Companies.
The Tribunal clarified that striking off does not extinguish liabilities owed to creditors.
The Judgement can be accessed at:
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Hero Fincorp Ltd v. Rave Scans Pvt Ltd & Ors
Dissenting secured financial creditors cannot be discriminated against – NCLAT
The National Company Law Appellate Tribunal held that secured financial creditors cannot be discriminated against merely because they voted against a resolution plan.
The Tribunal observed that equitable treatment of similarly situated secured creditors must be maintained under the insolvency framework.
The Judgement can be accessed at:
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COMPETITION
Uber India Systems Pvt Ltd v. Competition Commission of India & Ors
Supreme Court orders probe into alleged anti-competitive practices by Uber
The Supreme Court directed investigation into allegations concerning abuse of dominance and anti-competitive conduct by Uber India Systems.
The Court instructed the Director General of the Competition Commission of India to complete the investigation within six months.
The Judgement can be accessed at:
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Competition Commission of India v. M/s Grasim Industries Ltd
DG investigation not confined to CCI’s prima facie observations – Delhi High Court
The Delhi High Court held that investigations conducted by the Director General under Section 26 of the Competition Act are not restricted to the precise issues identified in the Competition Commission’s prima facie order.
The Court observed that investigations must remain comprehensive and may extend to additional violations discovered during inquiry.
The Judgement can be accessed at:
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INFORMATION TECHNOLOGY
Facebook Inc & Instagram LLC v. Surinder Malik & Ors
Online intermediaries must remove trademark infringing content upon notice – Delhi High Court
The Delhi High Court reiterated that intermediary platforms such as Facebook and Instagram must act upon receiving valid notice regarding infringing online content.
The Court clarified that intermediaries claiming safe harbour protection under Section 79 of the Information Technology Act must comply with due diligence obligations.
The Bench referred to the Supreme Court’s ruling in Shreya Singhal v. Union of India while interpreting intermediary responsibilities.
The Order can be accessed at:
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Hip Bar Pvt Ltd v. State of Karnataka through the Commissioner Excise Department
Karnataka High Court refuses permission for online liquor sales
The Karnataka High Court declined to permit online sale of liquor within the State.
The Court held that the prevailing statutory framework under the Excise Act did not authorize such online transactions.
The Order can be accessed at:
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