“THE ACHIEVEMENT OF JUSTICE IS AN ENDLESS PROCESS.”
ALTERNATIVE DISPUTE RESOLUTION
Hemlata Verma v. ICICI Prudential Life Insurance Co Ltd & Anr
Consumer Commissions should adopt liberal approach in condonation of delay matters – Supreme Court
The Supreme Court reiterated that Consumer Commissions should adopt a liberal approach while considering applications for condonation of delay.
The Court set aside the NCDRC order which had refused to condone a delay of 207 days in filing a revision petition.
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The State of Madhya Pradesh and Others v. Lafarge Dealers Association and Others
Inter-state sales between successor states cannot be treated as intra-state sales – Supreme Court
The Supreme Court observed that after state reorganization, inter-state sales between successor states must be treated as inter-state transactions.
The Court emphasized that the creation of a new political state must be given complete legal effect.
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Libra Automotives Private Limited v. BMW India Private Limited & Anr
Courts cannot rewrite arbitration agreements – Delhi High Court
The Delhi High Court held that while exercising powers under Section 11 of the Arbitration and Conciliation Act, Courts cannot recast contractual terms or direct composite arbitration contrary to agreed procedures.
The Court emphasized strict adherence to arbitration clauses agreed upon by parties.
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Pam Developments Private Ltd v. State of West Bengal
Government not entitled to special treatment in stay of arbitral award proceedings – Supreme Court
The Supreme Court held that the Government cannot claim exceptional treatment while seeking stay of arbitral awards under Section 36 of the Arbitration and Conciliation Act.
The Court clarified that government entities stand on equal footing with private litigants in arbitration matters.
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Sopan (dead) through His L R v. Syed Nabi
Sale with condition of retransfer does not automatically become mortgage – Supreme Court
The Supreme Court reiterated that a sale deed containing a mere condition for retransfer cannot automatically be treated as a mortgage by conditional sale.
The Court clarified that where sale and repurchase agreements are embodied in separate documents, the transaction ordinarily remains a sale.
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RB Dealers Private Limited v. The Metro Railway, Kolkata
Solatium under RFCTLARR Act calculated only on market value and attached assets – Supreme Court
The Supreme Court held that solatium under Section 30 of the RFCTLARR Act must be calculated only on market value and value of assets attached to the land.
The Court clarified computation principles relating to compensation in land acquisition matters.
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Sterling Industries v. Jayprakash Associates Ltd & Ors
Arbitral awards cannot be challenged through writ jurisdiction – Supreme Court
The Supreme Court reiterated that arbitral awards cannot be set aside by High Courts through exercise of writ jurisdiction under Articles 226 and 227 of the Constitution.
The Court emphasized the limited judicial interference permissible under arbitration law.
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CORPORATE
IDBI Bank Limited v. Siva Industries and Holdings Limited
NCLT admits insolvency proceedings against Siva Industries
The NCLT Chennai Bench admitted insolvency proceedings against Siva Industries and Holdings Ltd for alleged default of ₹130.30 crore.
The proceedings arose from failure to discharge obligations as guarantor for loans extended to another entity.
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State v. Khimji Bhai Jadeja
Separate cheating transactions cannot be clubbed into single FIR – Delhi High Court
The Delhi High Court held that separate acts of cheating involving multiple investors constitute independent transactions and cannot be clubbed into a single FIR.
The Court clarified procedural safeguards in large-scale investor fraud cases.
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Union of India v. Infrastructure Leasing & Financial Services Ltd & Ors
Pension and provident funds to receive priority repayment in IL&FS matter – NCLAT
The NCLAT held that pension and provident funds invested in IL&FS entities must receive priority repayment irrespective of company categorization.
The Tribunal protected employee welfare dues during ongoing restructuring proceedings.
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The Peerless General Finance and Investment Company Ltd v. Commissioner of Income Tax
Supreme Court observations binding even beyond strict ratio decidendi
The Supreme Court held that its pronouncements remain binding on High Courts even where they may not strictly form part of the ratio decidendi.
The Court further clarified treatment of capital receipts under taxation law.
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Mr S Gopakumar Nair & Smt. Asha Devi v. OBO Bettermann India Private Limited & OBO Bettermann Holdings
Minority share purchase under Section 236 restricted to specific circumstances – NCLAT
The NCLAT held that compulsory purchase of minority shareholding under Section 236 of the Companies Act applies only in circumstances similar to amalgamation, share exchange or conversion of securities.
The Tribunal also ruled that cancellation of minority shares requires valuation by a registered valuer.
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COMPETITION
Consumer Educational and Research Society & Ms Parul Choudhary v. Union of India, Ministry of Railways & IRCTC
CCI dismisses complaint against Railways and IRCTC regarding refund policies
The Competition Commission of India dismissed allegations of abuse of dominant position concerning railway fare refund policies.
However, the Commission suggested that Indian Railways review existing refund rules to improve consumer convenience.
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CCI E-Commerce Policy Consultation
CCI initiates stakeholder discussions on e-commerce competition issues
The Competition Commission of India convened meetings with restaurant associations and consultants to discuss competition concerns in the e-commerce ecosystem.
The discussions focused on issues such as deep discounting, predatory pricing and market fairness for online platforms.
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INFORMATION TECHNOLOGY
Dabur India Ltd v. Emami Limited
Delhi High Court refuses to restrain Emami advertisements
The Delhi High Court dismissed Dabur’s plea seeking injunction against Emami’s advertisements for Zandu Chyavanprashad.
The Court observed that judicial intervention should not unnecessarily stifle innovation and fair competition.
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Amway India Enterprises Pvt Ltd v. 1MG Technologies Pvt Ltd & Anrs
E-commerce platforms restrained from selling direct seller products without consent
The Delhi High Court restrained major e-commerce platforms from selling products of direct selling companies such as Amway, Modicare and Oriflame without authorization.
The Court recognized contractual and trademark rights of direct selling entities.
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MRF Limited v. Metro Tyres Limited
Copyright protection extends fully to cinematograph films – Delhi High Court
The Delhi High Court held that cinematograph films enjoy copyright protection as original works and that infringement need not involve exact duplication.
The Court observed that copying essential and distinctive features of a film may amount to copyright infringement.
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Tamil Nadu Bike Taxi and Carpooling Regulation Matter
Madras High Court restrains app-based bike-sharing and carpooling services
The Madras High Court directed that private companies should not facilitate bike taxi or carpooling services through mobile applications in Tamil Nadu until appropriate regulations are framed.
The Court emphasized the necessity of statutory regulation for app-based transportation services.
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