“WE EAGERLY GET HOLD OF A LAW THAT SERVES AS A WEAPON TO OUR PASSIONS.”
ALTERNATIVE DISPUTE RESOLUTION
Big Charter Private Limited Ezen v. Aviation Pty Ltd & Ors
Submission to exclusive foreign jurisdiction does not bar Indian courts under Section 9 of Arbitration Act – 23 October 2020
The Delhi High Court held that filing arbitration proceedings before a foreign court does not take away the jurisdiction of Indian courts under Section 9 of the Arbitration and Conciliation Act, 1996.
The Court observed that after the amendment to Section 2(2) in 2015, Section 9 applies to international commercial arbitrations even when the seat is outside India.
The Court further clarified that UNCITRAL commentary can be relied upon only where ambiguity exists in the provisions of the Arbitration Act.
The Judgement may be accessed at:
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CORPORATE
Meethelaveetil Kaitheri Muralidharan v. Union of India and The Registrar of Companies Tamil Nadu, Chennai
ROC cannot deactivate DIN of Director for disqualification in any company – 9 October 2020
The Madras High Court held that the Registrar of Companies is not empowered under the Companies (Appointment and Qualifications of Directors) Rules, 2014 to deactivate a Director Identification Number (DIN).
The Judgement may be accessed at:
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Gujarat Urja Vikas Nigam Ltd v. Yes Bank Limited and Mr Savan Godiawala
DISCOMs cannot terminate Power Purchase Agreements during CIRP – 20 October 2020
The National Company Law Appellate Tribunal held that power distribution companies cannot terminate Power Purchase Agreements during the Corporate Insolvency Resolution Process.
The ruling provided protection to power generation companies undergoing insolvency proceedings under the Insolvency and Bankruptcy Code.
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Volkswagen Finance Private Limited v. Shree Balaji Printopack Pvt Ltd and Usaka Electrotech Pvt Ltd
Financier cannot claim status of ‘Secured Creditor’ merely through vehicle registration – 19 October 2020
The NCLAT held that registration of a vehicle under Section 51 of the Motor Vehicles Act does not amount to registration of charge for claiming secured creditor status in insolvency proceedings.
The Tribunal dismissed the appeal filed by Volkswagen Finance Pvt Ltd against the NCLT order.
The Judgement may be accessed at:
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INTELLECTUAL PROPERTY & INFORMATION TECHNOLOGY
Bennett Coleman & Co Ltd v. ARG Outlier Media Pvt Ltd & Ors
Delhi High Court allows Republic TV to use phrase ‘Nation Wants To Know’ – 23 October 2020
The Delhi High Court observed that Republic TV editor Arnab Goswami may continue using the phrase “Nation Wants To Know” as part of speech and presentation.
However, the Court restrained the defendants from using the trademark “NEWSHOUR” or deceptively similar marks associated with Bennett Coleman.
The Court further clarified that evidence would be necessary to determine whether the disputed phrase functioned as a trademark or merely as speech expression.
The Order may be accessed at:
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MS X v. State & Ors
Delhi High Court directs removal of child sexual abuse content from internet – 20 October 2020
The Delhi High Court directed police authorities to forward sexually explicit content involving a woman who was a minor at the time to the NCRB for removal from internet platforms.
The Court also directed Facebook and Google to remove objectionable content and URLs from their respective platforms.
Authorities were instructed to identify individuals re-uploading such offensive content and take appropriate legal action.
The Judgement may be accessed at:
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PROPERTY
Imperia Structures Ltd v. Anil Patni
Consumer complaint against builder not barred by RERA Act – Supreme Court
The Supreme Court held that complaints filed before Consumer Forums against builders are maintainable despite remedies available under the Real Estate (Regulation and Development) Act, 2016.
The Court observed that remedies under the Consumer Protection Act and RERA are concurrent and supplementary in nature.
The Court further clarified that Consumer Forums are not civil courts and therefore Section 79 of RERA does not bar their jurisdiction.
The Judgement may be accessed at:
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