“NOTHING IS TO BE PREFERRED BEFORE JUSTICE.”
ALTERNATIVE DISPUTE RESOLUTION
Ravinder Kaur Grewal & Ors v. Manjit Kaur & Ors, Radhakrishna Reddy (D) Through Lrs v. G Ayyavoo & Ors
Adverse possession can be used as a sword as well as a shield – Supreme Court
The Supreme Court held that a person who has perfected title over immovable property through adverse possession can file a suit for declaration of title and recovery of possession.
The Court clarified that Article 65 of the Limitation Act does not bar maintainability of such suits against illegal dispossession.
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Amir Hamza Shaikh & Ors v. State of Maharashtra & Anr
Victim has right to assist court during criminal trial – Supreme Court
The Supreme Court observed that victims possess the right to assist the Court during criminal trials before Magistrates.
The Court clarified that while permission to conduct prosecution is discretionary, the victim’s participatory rights remain protected.
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The Commissioner of Police & Ors v. Devender Anand & Ors
Criminal proceedings cannot be used to settle civil disputes – Supreme Court
The Supreme Court held that filing criminal complaints for resolution of civil disputes amounts to abuse of process of law.
The Court cautioned against misuse of criminal proceedings as pressure tactics in private disputes.
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Mahanagar Telephone Nigam Ltd v. Canara Bank & Ors
Non-signatories may be bound by arbitration agreements under Group of Companies doctrine – Supreme Court
The Supreme Court explained circumstances in which non-signatory entities may be bound by arbitration agreements under the “Group of Companies” doctrine.
The Court observed that direct relationships, composite transactions and interconnected agreements may justify inclusion of non-signatories in arbitration proceedings.
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State of Andhra Pradesh & Ors v. B Ranga Reddy (D) By Lrs & Ors
Cross objections unnecessary to dispute adverse findings in dismissed suits – Supreme Court
The Supreme Court held that defendants are not required to file cross objections merely to challenge adverse findings contained in a judgment dismissing the suit.
The Court clarified procedural rights available during appellate proceedings.
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Joginder Singh & Anr v. ICICI Lombard General Insurance Company
Age of deceased bachelor relevant for multiplier calculation in accident claims – Supreme Court
The Supreme Court reiterated that in motor accident compensation claims involving deceased bachelors, the multiplier should be determined on the basis of the deceased’s age and not the age of parents.
The Court clarified principles governing compensation calculations under motor vehicle laws.
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CORPORATE
Union of India, MCA v. Infrastructure Leasing & Financial Services Ltd & Ors
MCA seeks freezing of IL&FS auditors’ assets – NCLT
The Ministry of Corporate Affairs approached the NCLT seeking freezing of assets belonging to auditors Deloitte Haskins & Sells and BSR & Associates in the IL&FS fraud proceedings.
The move followed their impleadment in ongoing investigations related to alleged financial irregularities.
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New Delhi Television Limited v. Securities and Exchange Board of India (SEBI) Bhavan
SAT upholds SEBI penalties against NDTV for disclosure violations
The Securities Appellate Tribunal upheld penalties imposed by SEBI against NDTV and its promoters for disclosure lapses involving substantial tax demand information.
The Tribunal, however, partially modified penalties imposed on the company’s compliance officer.
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Pioneer Urban Land and Infrastructure Limited & Anr v. Union of India & Ors
Supreme Court upholds homebuyers as financial creditors under IBC
The Supreme Court upheld amendments to the Insolvency and Bankruptcy Code recognizing homebuyers as financial creditors.
The Court reinforced rights of homebuyers to participate in insolvency resolution proceedings.
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Ved Prakash Abbot v. Kishore K Avarsekar & Ors
Creditors cannot receive preferential treatment during IBC moratorium – Delhi High Court
The Delhi High Court held that contempt proceedings cannot be used to enforce payment orders where insolvency moratorium provisions prevent execution.
The Court emphasized equal treatment of creditors during ongoing insolvency proceedings.
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State Bank of India v. Moser Baer Karamchari Union & Anr
PF, gratuity and pension dues excluded from liquidation estate – NCLAT
The National Company Law Appellate Tribunal held that provident fund, pension fund and gratuity dues are not part of liquidation assets under the IBC.
The Tribunal directed that such dues be paid directly to workers and not included in waterfall distribution under Section 53 of the IBC.
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COMPETITION
Competition Commission of India v. JTEKT Corporation & Others
CCI imposes ₹17 crore penalty for cartelisation in steering systems market
The Competition Commission of India imposed penalties exceeding ₹17 crore on JTEKT Corporation and its Indian subsidiary for cartelisation in supply of electric power steering systems.
The Commission granted leniency to NSK entities for providing evidence concerning the cartel activities.
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Matrix Info Systems Private Limited v. Intel Corporation & Intel Technology India Private Limited
CCI orders probe into Intel’s India-specific warranty policy
The Competition Commission of India ordered an investigation into Intel’s India-specific warranty policy for boxed microprocessors.
The Commission observed that the policy appeared prima facie unfair and discriminatory compared to Intel’s practices in other jurisdictions.
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CCI LPG Cylinder Cartelisation Matter
CCI penalises LPG gas vendors for bid cartelisation
The Competition Commission of India imposed penalties on multiple LPG cylinder vendors for cartelisation during HPCL bidding processes.
The Commission observed coordinated pricing patterns and collusive bidding practices among suppliers.
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INFORMATION TECHNOLOGY
Nerkonda Paarvai Piracy Prevention Matter
Madras High Court directs ISPs to block piracy websites
The Madras High Court directed multiple internet service providers to block access to websites allegedly distributing pirated versions of the Tamil movie “Nerkonda Paarvai”.
The Court acted to prevent unauthorized streaming and distribution ahead of the movie’s release.
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Tata SIA Airlines Limited v. M/S Pilot18 Aviation Book Store & Anr
Delhi High Court restrains unauthorized use of “Vistara” trademark
The Delhi High Court restrained an aviation portal from selling counterfeit “Vistara” branded products.
The Court observed that unauthorized use of airline trademarks could create security concerns at airports.
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Warner Bros Entertainment Inc v. Https://Skymovies.Live & Ors
Delhi High Court orders blocking of piracy websites including TamilRockers
The Delhi High Court directed internet service providers to block websites such as TamilRockers, EZTV and Limetorrents accused of unauthorized streaming and movie distribution.
The Court observed that failure to restrain such platforms would cause irreparable injury to copyright owners.
Spectranet Limited v. Commissioner of Service Tax
Sale of domain names treated as sale of goods – CESTAT
The Customs, Excise and Service Tax Appellate Tribunal held that sale of domain names amounts to sale of goods and therefore does not attract service tax.
The Tribunal clarified taxation principles applicable to digital assets and domain transfers.
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