“THE ANIMALS ARE NOT AS STUPID AS ONE THINKS — THEY HAVE NEITHER DOCTORS NOR LAWYERS.”
COMPETITION COMMISSION OF INDIA (‘CCI’)
Velankani Electronics Private Limited v. Intel Corporation
CCI orders investigation into alleged abuse of dominance by Intel
The Competition Commission of India found a prima facie case against Intel for allegedly denying non-discriminatory access to essential server-board design files and simulation tools.
The Commission observed that such conduct could amount to denial of market access and restriction of technical development in violation of Section 4 of the Competition Act, 2002.
CCI directed the Director General to conduct a detailed investigation into the matter.
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Meet Shah and Mr. Anand Ranpara v. Union of India & IRCTC
CCI orders probe into alleged unfair conditions in railway e-ticketing
The Informants alleged that IRCTC and the Railway Ministry imposed arbitrary and unfair terms on consumers through their dominant position in the online railway ticketing market.
The Competition Commission of India observed that a prima facie case under Section 4 of the Competition Act was made out and directed investigation into the matter.
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M/s K.C. Marketing v. OPPO Mobiles MU Private Limited
CCI finds no abuse of dominance in OPPO distributorship dispute
The Informant alleged arbitrary termination of distributorship and stoppage of supply of OPPO products.
After examining the facts, the Competition Commission of India concluded that no prima facie case of contravention under Sections 3 or 4 of the Competition Act was established.
The information was accordingly dismissed.
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Venugopal Reddy v. Trans Union CIBIL Limited
CCI declines to interfere in credit score dispute
The Informant alleged that adverse CIBIL reports resulted in denial of loans and credit facilities by financial institutions.
The Competition Commission of India held that the grievances raised did not involve competition law issues and therefore fell outside the jurisdiction of the Commission.
No prima facie abuse of dominance was found.
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NEWS – SUPREME COURT
Tamil Nadu Dr. MGR Medical University v. SVS Educational and Social Trust
Affiliation cannot continue without Central Government approval – Supreme Court
The Supreme Court held that continuance of provisional affiliation for the BHMS course could not be granted without mandatory approval from the Central Government under the Homeopathy Central Council Act.
The Court observed that absence of approval and affiliation disentitled the institution from admitting students.
The High Court orders permitting admissions were set aside.
E.C. Limited v. Austbulk Shipping SDN BHD
Arbitration agreements may arise through correspondence – Supreme Court
The Supreme Court upheld enforcement of a foreign arbitral award and clarified that arbitration agreements need not always exist in a formally signed contract.
The Court held that exchange of correspondence and acceptance of charter party terms can establish a valid arbitration agreement.
The appeal challenging enforcement was dismissed.
Vimla Devi and Ors v. National Insurance Company Limited and Ors
Motor accident claims cannot fail merely for technical evidentiary lapses – Supreme Court
The Supreme Court restored compensation awarded to claimants after finding sufficient evidence establishing the occurrence of the accident and negligence of the driver.
The Court directed the Insurance Company to deposit the awarded compensation amount within three months.
The appeal was partly allowed.
NEWS – HIGH COURT AND TRIBUNALS
Tapan Dey v. Union of India
Railway compensation denied in absence of proof of untoward incident – Railway Claims Tribunal
The Railway Claims Tribunal dismissed the compensation claim after finding that the Applicant failed to prove that the deceased was a bona fide passenger or that death occurred due to an “untoward incident” under the Railways Act.
The Tribunal held that statutory requirements for compensation were not established.
Ashraf and Ors v. State of J&K
Related witnesses are not automatically unreliable – Jammu & Kashmir High Court
The Jammu & Kashmir High Court upheld conviction under Sections 324/34 RPC while reiterating that testimony of related or injured witnesses cannot be discarded merely because of relationship.
The Court reduced the sentence considering prolonged litigation and delay in disposal of the appeal.
The appeal was partly allowed with reduction of imprisonment.
