“NO MAN IS ABOVE THE LAW AND NO MAN IS BELOW IT: NOR DO WE ASK ANY MAN’S PERMISSION WHEN WE ASK HIM TO OBEY IT.”
ALTERNATIVE DISPUTE RESOLUTION
Vidya Drolia & Ors v. Durga Trading Corporation
Supreme Court refers landlord-tenant arbitrability issue to larger Bench
The Supreme Court referred to a larger Bench the correctness of the ruling in Himangni Enterprises regarding arbitrability of landlord-tenant disputes governed by the Transfer of Property Act.
The Court observed that the Transfer of Property Act does not expressly prohibit arbitration of such disputes.
The Judgement can be accessed at:
Read More
Isha Distribution House Pvt Ltd v. Aditya Birla Nuvo Ltd & Anr
Territorial jurisdiction objections must be raised in written statement – Supreme Court
The Supreme Court reiterated that objections regarding territorial jurisdiction must be specifically raised in the written statement before the trial Court.
The Court emphasized procedural discipline in civil litigation proceedings.
The Judgement can be accessed at:
Read More
Icomm Tele Ltd v. Punjab State Water Supply & Sewerage Board
Pre-deposit clauses make arbitration expensive and ineffective – Supreme Court
The Supreme Court struck down contractual clauses requiring large pre-deposits before invocation of arbitration proceedings.
The Court held that such conditions render arbitration inaccessible and financially burdensome.
The Judgement can be accessed at:
Read More
Himachal Sorang Power Private Limited v. NCC Infrastructure Holdings Limited
Anti-arbitration injunctions permissible only in exceptional cases – Delhi High Court
The Delhi High Court reiterated that anti-arbitration injunctions should not ordinarily be granted unless arbitration proceedings are shown to be oppressive or vexatious.
The Court reinforced the principle of minimal judicial interference in arbitral proceedings.
The Judgement can be accessed at:
Read More
M/S Surya Constructions v. The State of Uttar Pradesh & Ors
Writ petitions maintainable in contract matters involving State arbitrariness – Supreme Court
The Supreme Court reiterated that High Courts may entertain writ petitions in contractual disputes where State action is arbitrary or unfair.
The Court clarified that existence of alternate remedies does not bar constitutional remedies in such circumstances.
The Order can be accessed at:
Read More
CORPORATE
Satish Dhondiram Jawale v. Registrar of Companies, Pune
No extra restoration costs beyond statutory penalties for company name restoration – NCLAT
The National Company Law Appellate Tribunal held that no additional costs can be imposed while restoring a company’s name apart from statutory penalties prescribed under the Companies Act.
The Tribunal clarified limits on restoration-related financial liabilities.
The Order can be accessed at:
View Details
A R Radha Krishna v. Dasari Deepthi & Ors
Cheque bounce complaints against directors require specific averments – Supreme Court
The Supreme Court held that complaints under Sections 138 and 141 of the Negotiable Instruments Act must specifically state that the director was responsible for conduct of company affairs at the relevant time.
The Court also clarified that quashing is permissible only upon production of unimpeachable evidence.
The Order can be accessed at:
Read More
Sterling Biotech Insolvency Matter
NCLT questions lenders over settlement accepted from Sterling Biotech promoters
The National Company Law Tribunal questioned lenders regarding acceptance of one-time settlement proposals from promoters of Sterling Biotech.
The Tribunal expressed concerns considering pending investigations involving the promoters.
MCA Responsible Business Conduct Guidelines
Ministry of Corporate Affairs releases national guidelines on responsible business conduct
The Ministry of Corporate Affairs released national guidelines promoting ethical and responsible business practices for Indian companies.
The guidelines focus on sustainability, governance and social responsibility principles.
The Guidelines can be accessed at:
View Details
Flipkart and Amazon FDI Investigation Matter
Delhi High Court disposes PIL regarding alleged FDI violations by ecommerce companies
The Delhi High Court disposed of a PIL seeking investigation into alleged FDI norm violations by Flipkart and Amazon after being informed that Enforcement Directorate proceedings were already pending.
The case involved allegations of circumvention of ecommerce FDI restrictions.
Bombay Stock Exchange Limited v. Asahi Infrastructure & Projects Limited
Outstanding listing fees not recoverable through IBC proceedings – NCLT
The Mumbai Bench of the National Company Law Tribunal held that insolvency proceedings cannot be used to recover annual listing fees payable to stock exchanges.
The Tribunal observed that such disputes fall within SEBI’s regulatory domain.
The Order can be accessed at:
Read More
COMPETITION
Ronnie Screwvala Multiplex Complaint Matter
CCI complaint filed against multiplex chains alleging collusion
Filmmaker Ronnie Screwvala approached the Competition Commission of India alleging anti-competitive conduct and discriminatory virtual print fee practices by leading multiplex chains.
The complaint involved allegations against PVR, Inox, Cinepolis and Carnival Cinemas.
INFORMATION TECHNOLOGY
Syniverse Technologies (India) Pvt Ltd v. TRAI
Delhi High Court quashes TRAI amendment reducing mobile portability charges
The Delhi High Court struck down TRAI’s amendment reducing mobile number portability charges, holding it ultra vires and violative of Article 14.
The Court held that the amendment unfairly impacted licensed service providers.
The Judgement can be accessed at:
Read More
Kerala High Court Mobile Bill Matter
Failure to pay mobile bills does not amount to criminal cheating
The Kerala High Court held that disputes relating to non-payment of mobile bills are civil disputes and do not constitute criminal cheating offences.
The Court clarified limits of criminal prosecution in contractual payment disputes.
The Order can be accessed at:
Read More
Karnataka High Court Privacy Matter
Media must respect privacy and not cross constitutional boundaries
The Karnataka High Court observed that media organizations should not invade personal privacy unless outweighed by genuine public interest considerations.
The Court restrained telecast of sensitive personal details relating to matrimonial proceedings.
Tata Chemicals Ltd v. Puro Wellness Pvt Ltd
Delhi High Court restrains disparaging advertisements against Tata Salt
The Delhi High Court restrained Puro Healthy Salt from publishing commercials or promotional materials allegedly disparaging Tata Salt and similar products.
The Court observed that advertisements portraying competitor products as harmful may amount to product disparagement.
The Judgement can be accessed at:
View Details
9x Media Pvt Ltd & Ors v. Prasar Bharti
Delhi High Court dismisses challenge to DD Free Dish slot policy
The Delhi High Court dismissed petitions challenging Prasar Bharati’s slot sale policy for DD Free Dish.
The Court declined to interfere in commercial and policy decisions relating to channel slot allocation.
The Judgement can be accessed at:
Read More
Delhi High Court E-Cigarette Ban Matter
Delhi High Court stays Centre’s ban on e-cigarettes
The Delhi High Court granted interim relief against the Central Government’s move to prohibit manufacture and sale of electronic nicotine delivery systems including e-cigarettes.
The matter involved challenges to regulatory directions issued by health authorities.
The Order can be accessed at:
View Details
