“JUSTICE THE GUARDIAN OF LIBERTY.”
ALTERNATIVE DISPUTE RESOLUTION
Balasore Alloys Limited v. Medima LLC
Indian courts can grant anti-arbitration injunctions against foreign-seated arbitration – 12 August 2020
The Calcutta High Court held that Indian courts possess the power to grant anti-arbitration injunctions even against foreign-seated arbitrations.
The Court clarified that such power must be exercised sparingly and only in exceptional circumstances.
The Court relied upon principles laid down in Modi Entertainment Network and observed that anti-arbitration injunctions should remain a rare remedy.
The Judgement can be accessed at:
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Avitel Post Studioz Limited & Ors v. HSBC PI Holdings (Mauritius) Limited
Supreme Court lays down tests for fraud exception to arbitrability
The Supreme Court clarified the principles governing “serious allegations of fraud” in arbitration disputes.
The Court held that fraud would render disputes non-arbitrable only when the arbitration agreement itself is invalid or when allegations involve public law issues against the State.
The Court observed that ordinary commercial fraud allegations between parties do not automatically exclude arbitration.
The Judgement can be accessed at:
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COMPETITION & UNFAIR TRADE PRACTICE
CCI approves proposed combination filed jointly by Keihin Corporation, Nissin Kogyo Co. Ltd., Showa Corporation and Hitachi Automotive Systems Ltd
CCI approves proposed Honda-Hitachi joint venture – 11 August 2020
The Competition Commission of India approved the proposed combination involving Keihin Corporation, Nissin Kogyo, Showa Corporation and Hitachi Automotive Systems.
The transaction involved creation of an integrated company jointly controlled by Honda Motor Co. Limited and Hitachi Limited.
The Release can be accessed at:
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CORPORATE
Abbas Yahyabhai Jasdanwalla & Others v. Consolidated Construction Company Limited & Others
NCLT grants relief to promoters in dispute concerning renewal of ₹250 crore credit facility – 29 July 2020
The National Company Law Tribunal restrained minority shareholders from interfering with renewal of a ₹250 crore credit facility.
The dispute arose from allegations of oppression and management issues within the company.
The Order can be accessed at:
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Kotak Investment Advisors Limited v. Mr Krishna Chamadia & Others
NCLAT sets aside resolution plan approval for Ricoh India – 5 August 2020
The National Company Law Appellate Tribunal set aside NCLT orders approving the resolution plan for Ricoh India.
The Tribunal directed the Committee of Creditors to reconsider the bids afresh within ten days.
The NCLAT further observed that failure to decide within the prescribed period may result in liquidation proceedings.
The Judgement can be accessed at:
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Allied Silica Limited v. Tata Chemicals Limited
NCLAT dismisses plea to initiate insolvency proceedings against Tata Chemicals – 11 August 2020
The NCLAT upheld dismissal of insolvency proceedings initiated against Tata Chemicals for alleged operational debt.
The Tribunal observed that Allied Silica failed to establish operational debt and existence of default.
The NCLAT also noted existence of a pre-existing dispute between the parties.
The Judgement can be accessed at:
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Sh Sushil Ansal v. Ashok Tripathi and Others
NCLAT sets aside insolvency proceedings against Ansal Properties – 14 August 2020
The National Company Law Appellate Tribunal set aside insolvency proceedings initiated against Ansal Properties and Infrastructure Ltd.
The Tribunal held that a decree-holder cannot be treated as a financial creditor for triggering insolvency proceedings under the IBC.
The management of the company was directed to be restored to its Board of Directors.
The Judgement can be accessed at:
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Babulal Vardharji Gurjar v. Veer Gurjar Aluminium Industries Pvt Ltd & Anr
IBC applications filed beyond limitation period not maintainable – 14 August 2020
The Supreme Court held that insolvency proceedings under the Insolvency & Bankruptcy Code are subject to limitation law.
The Court clarified that applications filed more than three years after default are barred unless limitation is extended under applicable legal principles.
The Court further stated that existence of debt and default alone is insufficient for admission of insolvency proceedings.
The Judgement can be accessed at:
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INFORMATION TECHNOLOGY & ENTERTAINMENT
Vinay Vats v. Fox Star Studios India Pvt Ltd & Anr
Delhi High Court refuses to stay release of film ‘Lootcase’ – 30 July 2020
The Delhi High Court dismissed a plea seeking injunction against release of the film “Lootcase”.
The Court reiterated the settled principle that copyright protection does not extend to mere ideas, themes or concepts.
The Court observed that copyright subsists only in the original expression and arrangement of ideas.
The Order can be accessed at:
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LT Col P K Choudhary v. Union of India & Ors
Delhi High Court upholds Army policy restricting social media use – 5 August 2020
The Delhi High Court rejected a challenge against the Indian Army’s policy banning personnel from using certain social media platforms.
The Court observed that modern warfare extends beyond territorial conflicts and includes threats to national security through cyberspace and social media.
The Order can be accessed at:
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Dr Gaurav Dahiya v. Mrs Leenu Singh & Ors
Delhi High Court directs removal of defamatory social media posts – 15 July 2020
The Delhi High Court directed Google, Facebook and Twitter to remove objectionable content allegedly defaming a suspended civil servant.
The Court also restrained further publication or dissemination of defamatory material through social media and digital platforms.
The Order can be accessed at:
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FAMILY LAW
Vineeta Sharma v. Rakesh Sharma & Ors
Supreme Court clarifies daughters’ coparcenary rights under Hindu Succession Amendment Act, 2005
The Supreme Court held that daughters possess equal coparcenary rights by birth under the Hindu Succession (Amendment) Act, 2005.
The Court observed that the amendment removed historical discrimination against daughters under traditional Hindu law.
The Judgement also explained concepts relating to Joint Hindu Family, coparcenary and coparcenary property.
The Judgement can be accessed at:
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BUILDING LAWS AND CONSTRUCTION
M C Mehta v. Union of India & Ors
Supreme Court orders de-sealing of residential properties in Delhi
The Supreme Court ordered de-sealing of residential premises in Delhi that had been sealed by a Court-appointed Monitoring Committee.
The Court held that the Committee lacked authority to seal residential properties not being used for commercial purposes.
The Judgement clarified limits on powers exercised by the Monitoring Committee concerning private residential premises.
The Judgement can be accessed at:
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