“THE FUNDAMENTALS OF JUSTICE ARE THAT NO ONE SHALL SUFFER WRONG, AND THAT THE PUBLIC GOOD BE SERVED.”
ALTERNATIVE DISPUTE RESOLUTION
P Singaravelan & Ors Etc Etc v. The District Collector, Tiruppur and DT & Ors Etc Etc
Dismissal of Special Leave Petition by non-speaking order does not attract doctrine of merger – Supreme Court
The Supreme Court reiterated that dismissal of a Special Leave Petition through a non-speaking order does not amount to declaration of law under Article 141 of the Constitution.
The Court further clarified that such dismissal does not attract the doctrine of merger.
The Judgement can be accessed at:
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Shiur Sakhar Karkhana Pvt Ltd v. State Bank of India
Ex-parte orders of State Consumer Commission challengeable before National Commission – Supreme Court
The Supreme Court held that ex-parte orders passed by a State Consumer Commission can be challenged before the National Consumer Disputes Redressal Commission.
The Court clarified the appellate remedy available against such consumer commission orders.
The Order can be accessed at:
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Jindal Stainless Limited v. Moorgate Industries India Pvt Ltd
Failure to disclose sanction of scheme under Companies Act does not terminate arbitration proceedings – Delhi High Court
The Delhi High Court held that failure to disclose sanction of a scheme under Section 230 of the Companies Act, 2013 does not automatically terminate pending arbitration proceedings.
The Court observed that non-disclosure of such facts by itself cannot invalidate or extinguish arbitral proceedings between parties.
The Judgement can be accessed at:
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CORPORATE
Dalmia Power Limited & Anr v. The Assistant Commissioner of Income Tax Circle 1, Trichy
Companies formed under amalgamation schemes permitted to file revised returns belatedly – Supreme Court
The Supreme Court held that companies incorporated pursuant to schemes of arrangement and amalgamation may file revised income tax returns even after expiry of the prescribed due date.
The Court observed that delays caused due to pendency of approval proceedings before the NCLT constitute valid grounds for permitting such revised filings.
The Judgement can be accessed at:
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Manish Kumar v. Union of India
Supreme Court petition challenges 2019 IBC Ordinance imposing threshold conditions on homebuyers
A writ petition was filed before the Supreme Court challenging provisions introduced through the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2019 relating to homebuyers.
The petition questioned the constitutional validity of the requirement mandating at least one hundred allottees or ten percent of allottees to jointly initiate insolvency proceedings against a real estate project.
The Petition can be accessed at:
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COMPETITION
CCI approves acquisition of stake in My Home Industries by promoter group companies
Competition Commission approves proposed acquisition involving My Home Group entities
The Competition Commission of India approved acquisition of fifty percent shareholding in My Home Industries Private Limited by entities belonging to the My Home Group.
The proposed transaction involved My Home Constructions Private Limited, Jupally Real Estate Developers Private Limited and promoter Rameswar Rao Jupally.
The Full Article can be accessed at:
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INFORMATION TECHNOLOGY
Ferid Allani v. Union of India & Ors
Computer programs demonstrating technical contribution are patentable – Delhi High Court
The Delhi High Court held that computer-related inventions producing a “technical effect” or “technical contribution” are patentable and not barred under Section 3(k) of the Patents Act.
The Court observed that in the modern digital era, inventions involving artificial intelligence, blockchain and software-driven technologies cannot automatically be denied patent protection merely because they involve computer programs.
The Patent Office was directed to reconsider the petitioner’s application in light of settled judicial principles and patent guidelines.
The Order can be accessed at:
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Shyam Steel Industries Limited v. Shyam Sel and Power Limited & Anr
No absolute rule that names of gods cannot be registered as trademarks – Calcutta High Court
The Calcutta High Court observed that there is no infallible principle preventing registration of names associated with gods as trademarks.
The Court clarified that each trademark dispute must be examined based on its own facts and legal considerations.
The Judgement can be accessed at:
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Tetra Pak India Pvt Ltd v. The Dy. Director of Income Tax (International Taxation) II
No TDS applicable on purchase of copyrighted software licences – ITAT Pune
The Income Tax Appellate Tribunal, Pune held that tax deduction at source is not required on payments made for purchase of copyrighted software licences.
The Tribunal distinguished copyrighted software licences from transfer of copyright rights attracting royalty provisions.
The Order can be accessed at:
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