“LAWS SHOULD BE LIKE CLOTHES. THEY SHOULD BE MADE TO FIT THE PEOPLE THEY ARE MEANT TO SERVE.”
ALTERNATIVE DISPUTE RESOLUTION
Jharkhand v. Surendra Kumar Srivastava
Judicial orders challengeable under Article 227 and not Article 226 – Supreme Court
The Supreme Court reiterated that writ petitions seeking certiorari against judicial orders passed by civil courts are not maintainable under Article 226 of the Constitution.
The Court clarified that supervisory jurisdiction under Article 227 remains available for challenging such judicial orders.
The Judgement can be accessed at:
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The Government of Haryana PWD Haryana (B and R) Branch v. G.F. Toll Road Pvt. Ltd. & Ors
Former employees not automatically disqualified as arbitrators – Supreme Court
The Supreme Court held that former employees are not disqualified from acting as arbitrators merely because of their past employment relationship.
The Court emphasized that absence of justifiable doubts regarding independence and impartiality remains the determining factor.
The Judgement can be accessed at:
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Kamal Kumar v. Premlata Joshi & Ors
Supreme Court explains key principles governing specific performance suits
The Supreme Court outlined important questions to be examined while deciding suits for specific performance of contracts.
The Court observed that readiness and willingness of the plaintiff is the most crucial requirement for grant of relief.
The Judgement can be accessed at:
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Sneh Lata Goel v. Pushplata
Executing court cannot examine territorial jurisdiction of decree court – Supreme Court
The Supreme Court held that executing courts do not possess jurisdiction to determine whether the original court passing the decree had territorial jurisdiction.
The Court reaffirmed limitations governing execution proceedings.
The Judgement can be accessed at:
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CORPORATE
Jai Rajkumar & Mr. V.R. Heamntraj v. Stanbic Bank Ghana Limited & Rajkumar Impex Private Ltd
Civil courts are proper forum to determine legality of foreign decrees – Madras High Court
The Madras High Court held that legality of foreign decrees forming the basis of insolvency proceedings must be examined by competent civil courts.
The Court followed earlier NCLAT findings concerning jurisdiction over foreign decree validity.
Union of India, Ministry of Corporate Affairs v. Mr. Mukesh Maneklal Choksi
NCLAT removes statutory auditor over suspected shell company irregularities
The National Company Law Appellate Tribunal removed the statutory auditor of a company after serious concerns were raised regarding suspected shell firm activities.
The Tribunal permitted appointment of an independent auditor under the Companies Act, 2013.
Ferro Alloys Corporation Ltd v. Rural Electrification Corporation Ltd
Insolvency proceedings can begin against guarantor before principal borrower – NCLAT
The NCLAT held that financial creditors are entitled to initiate insolvency proceedings directly against a corporate guarantor without first proceeding against the principal borrower.
The Tribunal strengthened remedies available to financial creditors under the Insolvency and Bankruptcy Code.
The Judgement can be accessed at:
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Shashi Prakash Khemka v. NEPC Micon
Civil courts barred where jurisdiction is vested with NCLT – Supreme Court
The Supreme Court reiterated that civil court jurisdiction stands excluded in matters where adjudicatory powers have been specifically conferred upon the National Company Law Tribunal.
The ruling reinforced exclusivity of the company law adjudication framework.
The Order can be accessed at:
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COMPETITION
Vedanta Bio Sciences, Vadodara v. Chemists and Druggists Association of Baroda
CCI penalises chemist association for restrictive trade practices
The Competition Commission of India imposed penalties on a Gujarat-based chemist association for anti-competitive practices involving mandatory NOC requirements and trade margin fixation.
The Commission held that such practices restricted supply and competition in the pharmaceutical market.
The Order can be accessed at:
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Chirag S Shartri v. Indiabulls Housing Finance Ltd
CCI dismisses allegations of unfair trade practices against Indiabulls
The Competition Commission of India dismissed complaints alleging discriminatory trade practices in housing finance loan agreements.
The Commission found no prima facie violation of Sections 3 or 4 of the Competition Act.
The Order can be accessed at:
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Jasper Infotech Private Limited v. KAFF Appliances (India) Pvt. Ltd
CCI dismisses Snapdeal complaint over minimum resale pricing
The Competition Commission of India dismissed Snapdeal’s allegations against KAFF Appliances concerning minimum resale price maintenance practices.
The Commission observed that sufficient intra-brand competition existed among dealers.
The Order can be accessed at:
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INFORMATION TECHNOLOGY
Digi Cable Network (India) Pvt. Ltd. v. Union of India & Ors
Security clearance mandatory for cable TV operators – Supreme Court
The Supreme Court upheld cancellation of licenses granted to cable television operators after denial of security clearance by the Ministry of Home Affairs.
The Court held that principles of natural justice were not violated in the cancellation process.
The Judgement can be accessed at:
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Manohar Lal Sharma v. Union of India
Supreme Court seeks Government response on surveillance notification
The Supreme Court entertained petitions challenging Government notification authorising multiple agencies to intercept and monitor digital information under the Information Technology Act.
The petitioners argued that the notification violated the constitutional right to privacy.
The Order can be accessed at:
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Centre for Accountability and Systemic Change (CASC) v. Union of India & Ors
Supreme Court allows RBI to be added in WhatsApp payment case
The Supreme Court permitted inclusion of the Reserve Bank of India as a party in proceedings concerning WhatsApp’s proposed payment services in India.
The matter involved issues relating to data localisation, grievance mechanisms and regulatory compliance.
The Order can be accessed at:
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Bennett, Coleman & Company Ltd. & Anr. v. Mr Ajay Kumar & Ors
Delhi High Court restrains unauthorised use of TOI and ET content
The Delhi High Court restrained a website from reproducing copies of The Times of India and The Economic Times newspapers and using Times Group trademarks.
The Court found a prima facie case of infringement and passing off.
