“A LEAN COMPROMISE IS BETTER THAN A FAT LAWSUIT.”
ALTERNATIVE DISPUTE RESOLUTION
Dr S J Rajalakshmi & Dr S Sobha v. The Manager Customer Services Air India Limited & Ors
Karnataka High Court directs Air India to pay compensation to physically challenged passengers
The Karnataka High Court directed Air India to pay ₹20 lakh compensation to a physically challenged doctor and her mother for mental agony and inconvenience caused due to a missing wheelchair during an international journey.
The Court observed that the conduct of Air India violated the fundamental rights of the petitioners as well as provisions of disability protection laws.
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Rojer Mathew v. South Indian Bank Ltd & Ors
Supreme Court strikes down tribunal rules framed under Finance Act 2017
The Supreme Court struck down in entirety the tribunal rules framed by the Central Government concerning appointment and service conditions of tribunal members.
The Court also referred to a larger bench the issue concerning validity of the Finance Act, 2017 being enacted as a Money Bill under Article 110 of the Constitution.
The Bench further directed a judicial impact assessment regarding merger and restructuring of tribunals introduced through the Finance Act, 2017.
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Shyam Bihari Tiwari v. State of U P and 2 Others
No sanction required for prosecution of retired public servant – Allahabad High Court
The Allahabad High Court held that sanction for prosecution under the Prevention of Corruption Act is not necessary once a public servant has retired from service.
The Court clarified that protection requiring prior sanction applies only during continuation in public office.
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Sudhir Kumar Aggarwal v. Directorate General of Goods and Service Tax Intelligence
Presence of lawyer during GST questioning cannot be permitted – Delhi High Court
The Delhi High Court observed that a person being examined or questioned by GST authorities cannot insist on presence of a lawyer during such proceedings.
The Court held that investigation powers exercised by GST officers are distinct from custodial interrogation requiring legal assistance.
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Taj Mahal Hotel v. United India Insurance Company Ltd & Ors
Hotels liable for theft of vehicles handed over for valet parking – Supreme Court
The Supreme Court held that hotels cannot avoid liability for theft of vehicles parked through valet services by relying on “owner’s risk” disclaimers.
The Court observed that hotels owe a duty of care toward guests and visitors using valet parking facilities.
The burden lies on the hotel to prove absence of negligence in cases involving theft or damage to parked vehicles.
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Commissioner of Central Excise, Haldia v. M/s Krishna Wax (P) Ltd
Writ petitions should ordinarily not be entertained against show cause notices – Supreme Court
The Supreme Court reiterated that High Courts should normally refrain from entertaining writ petitions challenging mere issuance of show cause notices.
The Court observed that parties must ordinarily respond to statutory notices and exhaust available remedies before invoking writ jurisdiction.
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Ashok Kumar Kalra v. Wing CDR Surendra Agnihotri & Ors
Counterclaim may be filed after written statement till framing of issues – Supreme Court
The Supreme Court held that there is no absolute prohibition on filing a counterclaim after submission of written statement under Order VIII Rule 6A of the Code of Civil Procedure.
The Court clarified that the outer limit for filing such counterclaims is ordinarily before framing of issues in the suit.
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CORPORATE
Committee of Creditors of Essar Steel India Limited v. Satish Kumar Gupta & Ors
Supreme Court approves ArcelorMittal takeover of Essar Steel
The Supreme Court approved ArcelorMittal’s acquisition of Essar Steel under the Insolvency and Bankruptcy Code framework.
The Court upheld primacy of the Committee of Creditors in approving resolution plans and set aside portions of the NCLAT order equalizing rights of secured and unsecured creditors.
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M/s B R Traders v. Venkataramanarao Nagarajan & Ors
NCLAT rejects PepsiCo plea seeking release of machinery during insolvency process
The National Company Law Appellate Tribunal rejected PepsiCo India Holdings’ request seeking return of machinery from a company undergoing insolvency proceedings.
The Tribunal observed that pending claims and counterclaims between parties prevented release of assets during the insolvency resolution process.
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Municipal Corporation of Greater Mumbai (MCGM) v. Abhilash Lal & Ors
Supreme Court upholds BMC rights over SevenHills Hospital land
The Supreme Court upheld the rights of the Municipal Corporation of Greater Mumbai over land occupied by SevenHills Hospital during insolvency proceedings.
The Court overruled the NCLAT decision and recognized the civic body’s ownership rights over the valuable public property.
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Kotak Mahindra Prime Ltd v. Mr Bijay Murmuria & Ors
Creditors cannot continue litigation after claim is acknowledged in approved resolution plan – NCLAT
The National Company Law Appellate Tribunal held that once a creditor’s claim is accepted under a successful resolution plan, the creditor cannot continue separate litigation or arbitration regarding the same claim.
The Tribunal clarified that creditors are bound by the approved insolvency resolution framework.
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Vinod Tarachand Agrawal v. ROC Gujarat
Registrar of Companies cannot strike off company during pending insolvency proceedings – NCLT
The National Company Law Tribunal directed restoration of a company struck off by the Registrar of Companies while insolvency proceedings were pending.
The Tribunal held that striking off a company during CIRP proceedings would be contrary to the objectives of the Insolvency and Bankruptcy Code.
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COMPETITION
CCI approves Adani’s acquisition of stake in Mumbai International Airport
Competition Commission approves Adani stake acquisition in Mumbai airport
The Competition Commission of India approved Adani Properties’ acquisition of a 23.5% stake in Mumbai International Airport.
The transaction involved acquisition of shares from Bid Services Division and ACSA Global through separate share purchase agreements.
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INFORMATION TECHNOLOGY
Intellectual Property Attorneys Association v. The Controller General of Patents, Designs & Trademarks & Anr
Registrar of Trade Marks must furnish reasons for refusal under Trade Marks Act – Delhi High Court
The Delhi High Court held that the Registrar of Trade Marks is duty bound to communicate reasons for refusal or conditional acceptance under Section 18(5) of the Trade Marks Act.
The Court declared Rule 36 of the Trade Marks Rules inconsistent with statutory requirements insofar as it permitted communication of decisions without detailed reasons.
The Bench clarified that Section 18(5) of the Trade Marks Act would prevail over conflicting procedural rules.
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