“LAW IS EXPERIENCE DEVELOPED BY REASON AND APPLIED CONTINUALLY TO FURTHER EXPERIENCE.”
ALTERNATIVE DISPUTE RESOLUTION
Abdul Kuddus v. Union of India and Others
Foreigners’ Tribunal decisions prevail over NRC inclusion or exclusion – Supreme Court
The Supreme Court held that decisions of Foreigners’ Tribunals declaring a person as an illegal foreigner would prevail over inclusion or exclusion decisions under the National Register of Citizens (NRC).
The Court clarified that tribunal findings are binding and authoritative in citizenship disputes.
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Madan Tiwari v. Yashwant Kumar Sahu
Dishonour of cheques issued towards future liability covered under NI Act – Chhattisgarh High Court
The Chhattisgarh High Court held that dishonour of cheques issued towards discharge of future liabilities is clearly covered under Section 138 of the Negotiable Instruments Act.
The Court observed that cheques representing outstanding liabilities arising from loan agreements attract penal consequences upon dishonour.
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G Ramesh v. Kanike Harish Kumar Ujwal & Anr
Partnership firms fall within the meaning of ‘company’ under NI Act – Supreme Court
The Supreme Court clarified that the expression “company” used under Section 141 of the Negotiable Instruments Act includes partnership firms and associations of persons.
The ruling expanded the scope of vicarious liability provisions under the Act.
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P V Ramana Reddy v. Union of India & Ors
Supreme Court upholds arrest powers in GST evasion cases
The Supreme Court dismissed challenges against Telangana High Court rulings which upheld powers of authorities to arrest persons involved in GST evasion cases.
The Court thereby reinforced enforcement powers available under GST legislation.
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Rajasthan High Court Driver’s Licence Matter
Rajasthan High Court directs withdrawal of licences issued to illiterate persons
The Rajasthan High Court directed transport authorities to withdraw driving licences issued to persons unable to read or write.
The Court further instructed the State Government to frame guidelines and take corrective action regarding such licences.
Surinder Singh Deswal v. Virender Gandhi
Section 148 NI Act amendments apply retrospectively – Supreme Court
The Supreme Court held that amended Section 148 of the Negotiable Instruments Act applies retrospectively to pending appeals under Section 138.
The Court clarified that the provision applies even to complaints filed prior to the 2018 amendment.
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Anil Kumar v. Devender Kumar & Ors
Omnibus issues in civil suits violate CPC provisions – Delhi High Court
The Delhi High Court discouraged framing of vague omnibus issues in civil suits, holding such practice contrary to Order XIV Rule 1(3) of the Civil Procedure Code.
The Court observed that distinct material propositions must be separately framed for effective adjudication.
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Shewantabai v. Arun & Anr
Will executed in favour of neighbour not suspicious merely for that reason – Supreme Court
The Supreme Court held that the genuineness of a Will cannot be doubted solely because it was executed in favour of a neighbour instead of family members.
The Court rejected objections raised by the widow challenging the testamentary document.
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No GST on Duty-Free Shops Matter
Allahabad High Court rules GST not applicable at duty-free shops
The Allahabad High Court held that purchases made at duty-free shops located at international airport terminals are not subject to GST.
The Court observed that such goods never cross customs frontiers and remain outside taxable territory.
CORPORATE
Ericsson India Pvt Ltd v. Reliance Communications Limited
NCLT initiates insolvency proceedings against Reliance Communications
The National Company Law Tribunal admitted Reliance Communications into insolvency proceedings.
The Tribunal also allowed exclusion of 357 litigation days from the corporate insolvency resolution timeline.
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ICICI Bank Limited v. Hyderabad Ring Road Project Private Limited
NCLT dismisses insolvency plea citing duplicity of claims
The National Company Law Tribunal dismissed ICICI Bank’s insolvency application against Hyderabad Ring Road Projects.
The Tribunal observed that there existed duplicity in the lender’s claims and supporting records.
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MAIF Investment India PTE Ltd v. Ind-Barath Power Infra Limited & Others
NCLT has exclusive jurisdiction over company disputes – NCLAT
The National Company Law Appellate Tribunal reiterated that all company law matters, including complex and contentious disputes, fall within NCLT jurisdiction.
The Tribunal referred to Section 430 of the Companies Act, 2013 which bars civil court jurisdiction.
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Director Remuneration ITAT Matter
Director remuneration based on experience not treated as dividend – ITAT
The Delhi Income Tax Appellate Tribunal held that remuneration paid to directors in proportion to their expertise and experience cannot automatically be treated as dividend.
The Tribunal clarified that absence of linkage with shareholding is significant in determining tax treatment.
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Hari Sankaran v. Union of India & Others
NCLT observations under Sections 241/242 relevant for reopening accounts – Supreme Court
The Supreme Court held that observations made by the NCLT under Sections 241 and 242 of the Companies Act can form the basis for reopening company accounts under Section 130.
The Court clarified the statutory conditions governing reopening of financial statements.
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COMPETITION
Monsanto Competition Probe Matter
CCI investigation reportedly finds abuse of dominant position by Monsanto
Investigations conducted by the Competition Commission of India reportedly concluded that Monsanto abused its dominant position in the genetically modified cotton seed market.
The inquiry examined allegations of excessive royalty charges imposed on seed companies.
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CCI Approval of GSK-Pfizer Consumer Healthcare JV
CCI approves formation of GSK-Pfizer healthcare joint venture
The Competition Commission of India approved the formation of a joint venture between GlaxoSmithKline and Pfizer for consumer healthcare products.
The proposed joint venture combined businesses with significant global sales turnover.
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Mr Kanhaiya Singhal v. Indiabulls Housing Finance Limited
CCI dismisses abuse of dominance allegations against Indiabulls Housing Finance
The Competition Commission of India dismissed allegations that Indiabulls Housing Finance abused its dominant position through unilateral interest rate revisions.
The Commission observed that the housing finance market remained competitive and Indiabulls was not dominant.
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MPCDF v. MPCDA & Others
CCI imposes ₹74 crore penalty for anti-competitive pharma trade practices
The Competition Commission of India imposed penalties exceeding ₹74 crore on pharmaceutical firms and drug associations for anti-competitive trade practices.
The Commission found that mandatory NOC requirements for appointment of stockists restricted free trade and violated competition law.
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INFORMATION TECHNOLOGY
Abhijit Mishra v. Government of NCT of Delhi
Delhi High Court seeks RBI response on Paytm Postpaid service
The Delhi High Court issued notice to the RBI and Paytm Payments Bank regarding allegations that Paytm’s “Post Paid” wallet service violated financial regulations.
The petition challenged the legality of lending-related activities conducted through the platform.
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Raj Rewal v. Union of India & Ors
Architects cannot prevent demolition of buildings designed by them – Delhi High Court
The Delhi High Court held that architects do not possess rights under Section 57 of the Copyright Act to restrain demolition of buildings designed by them.
The Court dismissed pleas relating to reconstruction of the demolished Hall of Nations and Nehru Pavilion.
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Delhi High Court Online Gambling Matter
Delhi High Court declines interim ban on online gambling websites
The Delhi High Court refused to grant interim relief seeking immediate suspension of online gambling and gaming platforms.
The Court, however, sought responses from the Government regarding legality of such activities.
Teleecare Network India Pvt Ltd v. Asus Technology Pvt Ltd
Delhi High Court restrains Asus from using ZEN and ZENFONE trademarks
The Delhi High Court restrained Asus Technology from selling or advertising products under the trademarks “ZEN” and “ZENFONE”.
The order was passed in a trademark infringement and passing off suit filed by Teleecare Network India Pvt Ltd.
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Policybazaar Insurance Web Aggregator v. Acko General Insurance Ltd
Delhi High Court imposes ₹10 lakh cost on Policybazaar for concealment of facts
The Delhi High Court imposed costs of ₹10 lakh on Policybazaar for allegedly concealing material facts to obtain an ex-parte injunction in a trademark dispute.
The case involved keyword advertising and trademark usage through Google AdWords.
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Dr Rishi Dixit v. Preventine Life Care Pvt Ltd
TDSAT upholds compensation order in data theft dispute
The Telecom Disputes Settlement and Appellate Tribunal upheld findings that confidential data belonging to Preventine Life Care had been misused by a former employee.
The Tribunal directed payment of compensation along with interest for breach of confidentiality obligations.
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