“THE PURPOSE OF LAW IS TO PREVENT THE STRONG FROM ALWAYS HAVING THEIR WAY.”
ALTERNATIVE DISPUTE RESOLUTION
ER. K. Arumugam v. V. Balakrishnan & Ors
Contempt jurisdiction must remain confined to the original order – Supreme Court
The Supreme Court reiterated that while exercising contempt jurisdiction, courts must strictly confine themselves to the four corners of the order alleged to have been violated.
The Court emphasized that contempt proceedings cannot be expanded beyond the scope of the original judicial directions.
The Judgement can be accessed at:
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Jaiprakash Associates Ltd v. Tehri Hydro Development Corporation India Ltd
Arbitral tribunals cannot award interest when contract expressly prohibits it – Supreme Court
The Supreme Court upheld the view that arbitral tribunals cannot grant interest where contractual clauses expressly bar payment of interest.
The Court observed that contractual stipulations restricting interest are binding on arbitral tribunals.
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Royale India Rail Tours Ltd v. Cox & Kings India Ltd & Anr
Non-signatories cannot ordinarily be compelled into arbitration – Delhi High Court
The Delhi High Court held that parties who are not signatories to an arbitration agreement cannot generally be made parties to arbitration proceedings.
The Court distinguished earlier Supreme Court rulings involving inclusion of non-signatories in exceptional circumstances.
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Kamal Kumar v. Premlata Joshi & Ors
Supreme Court explains essential requirements in suits for specific performance
The Supreme Court outlined the key questions that must be examined while deciding suits seeking specific performance of contracts.
The Court emphasized that readiness and willingness of the plaintiff is the most crucial factor for granting equitable relief.
The Judgement can be accessed at:
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Sau. Kamal Shivaji Pokarnekar v. The State of Maharashtra & Ors
Criminal proceedings cannot be quashed merely because dispute appears civil – Supreme Court
The Supreme Court held that criminal complaints cannot be quashed solely because allegations also disclose a civil dispute.
The Court clarified that criminal proceedings must continue where ingredients of the alleged offences are prima facie established.
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MMTC Ltd v. Vedanta Ltd
Courts cannot reassess merits of arbitral awards in appeals – Supreme Court
The Supreme Court clarified that appellate courts exercising jurisdiction under Section 34 of the Arbitration Act cannot independently reassess merits of arbitral awards.
The Court reiterated limited judicial interference in arbitration matters.
The Judgement can be accessed at:
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LMJ International Ltd v. Sleepwell Industries Co. Ltd
Enforceability and maintainability of foreign awards must be examined together – Supreme Court
The Supreme Court held that issues concerning maintainability of execution proceedings and enforceability of foreign awards should not be decided separately in a piecemeal manner.
The Court interpreted the scheme of Section 48 of the Arbitration and Conciliation Act accordingly.
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CORPORATE
Cushman and Wakefield India Private Limited v. Union of India & Anr
Delhi High Court upholds validity of Companies Registered Valuers Rules
The Delhi High Court upheld Rule 3(2) of the Companies (Registered Valuers and Valuation) Rules, 2017.
The Court rejected challenges alleging that restrictions imposed on subsidiaries and joint ventures were arbitrary and unconstitutional.
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Dr Vishnu Kumar Agarwal v. Piramal Enterprises Ltd
Financial creditors may proceed against guarantors independently under IBC – NCLAT
The National Company Law Appellate Tribunal held that financial creditors can initiate insolvency proceedings against corporate guarantors even without proceeding first against the principal borrower.
The ruling strengthened creditor remedies under the Insolvency and Bankruptcy Code.
The Judgement can be accessed at:
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Shashi Prakash Khemka v. NEPC India Ltd
Civil courts barred where jurisdiction is vested with NCLT – Supreme Court
The Supreme Court held that civil courts cannot entertain matters where adjudicatory powers have been specifically conferred upon the National Company Law Tribunal.
The Court reaffirmed the exclusive jurisdiction framework under company law legislation.
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Mr Ashish Garodia v. Impact Event Management & Anr
Insolvency proceedings may be closed upon settlement before CoC constitution – NCLAT
The NCLAT directed closure of insolvency proceedings after parties reached settlement before constitution of the Committee of Creditors.
The Tribunal also observed existence of pre-existing disputes making the Section 9 application itself inadmissible.
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Canara Bank v. IVRCL Limited
Loans converted into equity cannot later be treated as debt – NCLT
The National Company Law Tribunal ruled that loans converted into equity before commencement of insolvency proceedings lose their character as financial debt.
The Tribunal clarified treatment of converted financial instruments during insolvency resolution.
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Committee of Creditors of Xalta Food and Beverages Pvt. Ltd v. Ms Prerna Singh
Landlords cannot adjust security deposits during moratorium – NCLAT
The National Company Law Appellate Tribunal held that landlords cannot adjust security deposits or independently negotiate payments during moratorium under the Insolvency and Bankruptcy Code.
The Tribunal directed payment of monthly rent in accordance with insolvency proceedings.
The Order can be accessed at:
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COMPETITION
Google Android Abuse Investigation Matter
CCI investigates allegations of abuse of dominance by Google Android
The Competition Commission of India examined allegations that Google abused dominance through Android by compelling manufacturers to pre-install Google applications and services.
The investigation followed similar findings earlier made by the European Commission.
Restaurant Owners v. Food Delivery Platforms
Restaurants approach CCI alleging anti-competitive practices by food delivery apps
Restaurant owners filed petitions before the Competition Commission of India alleging misuse of dominant position by Swiggy, Zomato, UberEATS and Foodpanda.
The complaints focused on deep discounting and unfair business practices affecting restaurants.
Johnson Controls Power Solutions Acquisition Matter
CCI approves Brookfield and CDPQ acquisition deal
The Competition Commission of India approved the multi-billion dollar acquisition of Johnson Controls’ power solutions business by Brookfield and CDPQ.
The transaction involved acquisition of global automotive battery operations.
INFORMATION TECHNOLOGY
People’s Union for Civil Liberties v. Union of India & Ors
Supreme Court directs wider circulation of Shreya Singhal judgment striking down Section 66A
The Supreme Court directed all State Governments and District Courts to circulate copies of the Shreya Singhal judgment after concerns were raised regarding continued misuse of Section 66A of the IT Act.
The Court emphasized the need for awareness among police authorities and judicial officers.
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Subhendu Nath v. State of West Bengal
Calcutta High Court issues directives for better cyber-crime investigations
The Calcutta High Court issued directions emphasizing the need for proper training of police officers in handling electronic evidence and cyber-crime investigations.
The Court observed deficiencies in application of Information Technology Act provisions during investigation.
The Order can be accessed at:
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Veewon Thokchom Sedition Facebook Post Matter
Imphal Court holds Facebook criticism not seditious
The Chief Judicial Magistrate, Imphal East refused police custody of a student leader booked for sedition over a Facebook post critical of the Citizenship Amendment Bill.
The Court observed that the post did not amount to incitement of violence or hatred against the Government.
