“THAT GOVERNMENT IS BEST WHICH GOVERNS THE LEAST, BECAUSE ITS PEOPLE DISCIPLINE THEMSELVES.”
ALTERNATIVE DISPUTE RESOLUTION
Bhaven Construction Through Authorised Signatory Premjibhai K Shah v. Executive Engineer Sardar Sarovar Narmada Nigam Ltd & Anr
Powers under Articles 226/227 should be used sparingly by High Court while interfering with arbitral process – 6 January 2021
The Supreme Court ruled that powers under Articles 226 and 227 should be exercised sparingly when interfering with arbitral proceedings.
The Court observed that judicial interference should occur only in exceptional situations where a party is left remediless or clear bad faith is established.
The Judgement can be accessed at:
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N Global Mercantile Pvt Ltd v. Indo Unique Flame Ltd & Others
Constitution Bench to decide whether non-payment of stamp duty invalidates Arbitration clause – 11 January 2021
The Supreme Court referred to a Constitution Bench the issue of whether non-payment of stamp duty on a contract invalidates the arbitration clause contained within it.
The Court observed that an arbitration agreement is independent from the substantive contract and may survive despite defects in the principal agreement.
The Judgement can be accessed at:
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PCL Suncon v. National Highway Authority of India
Order terminating arbitral proceeding is not an Award – 12 January 2021
The Court held that an order terminating arbitral proceedings under Section 25(a) of the Arbitration and Conciliation Act does not amount to an arbitral award.
Accordingly, an application under Section 34 challenging such order would not be maintainable.
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COMPETITION & UNFAIR TRADE PRACTICE
CCI approves acquisition of Columbia Asia Hospitals Private Limited by Manipal Health Enterprises Private Limited
Competition Commission approves acquisition of 100% shareholding – 8 January 2021
The Competition Commission of India approved acquisition of Columbia Asia Hospitals Private Limited by Manipal Health Enterprises Private Limited.
The acquiring entity operates a network of multi-specialty hospitals and healthcare services.
The Order can be accessed at:
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CCI approves acquisition by Total SE in Adani Green Energy Limited
CCI approves investment through subsidiary Total Renewables SAS – 11 January 2021
The Competition Commission of India approved acquisition of minority stake in Adani Green Energy Limited by Total SE through its subsidiary Total Renewables SAS.
The proposed combination related to investment in the renewable energy sector.
The Release can be accessed at:
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CCI approves acquisition of Virtusa Corporation
Acquisition by Austin HoldCo., GIC Investor and CPPIB Investor approved – 12 January 2021
The Competition Commission of India approved acquisition of 100% equity interest and joint control in Virtusa Corporation.
The proposed combination involved entities associated with Baring Private Equity Asia, GIC Investor and CPPIB Investor.
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CORPORATE
Subhash Chandra Agarwal v. Ministry Of Corporate Affairs
Plea to publish names of recipients of unclaimed dividends in public interest – 21 December 2020
The Central Information Commission observed that disclosure of unclaimed dividend details involves larger public interest.
The Commission noted that many investors and legal heirs lose track of investments and remain unaware of recoverable funds.
The Judgement can be accessed at:
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Naresh Kumar Poddar v. Union of India
Amendments to Companies Act relating to Director disqualification are prospective – 5 January 2021
The Calcutta High Court held that amendments made in 2014 and 2018 to Sections 164 and 167 of the Companies Act operate prospectively.
The Court observed that retrospective application would be unreasonable and adversely affect directors and businesses.
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Sunteck Realty Limited v. Goodwill Theatres Private Limited
Advance given by real estate developer qualifies as Operational Debt under IBC – 7 January 2021
The National Company Law Tribunal held that advance amount received by a property owner from a real-estate developer for redevelopment qualifies as operational debt under the Insolvency and Bankruptcy Code.
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INFORMATION TECHNOLOGY
Union of India v. Internet Service Providers Association of India & Ors
Supreme Court stays refund of licence fee to UL-ISPs – 5 January 2021
The Supreme Court partially stayed the TDSAT order directing refund of excess licence fees collected from Unified License Internet Service Providers.
The Court sought replies from Internet Service Providers and listed the matter for further hearing.
The Order can be accessed at:
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Rajendra v. Union of India and Others
No television channel can telecast advertisements on religious items – 5 January 2021
The Bombay High Court held that television channels and actors cannot promote advertisements claiming religious products can improve lives or perform miracles.
The Court warned that such acts could attract prosecution under cheating laws and the Black Magic Act.
The Judgement can be accessed at:
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Sri Kunal Bahl v. State of Karnataka
Intermediary not responsible for action of vendor or seller – 7 January 2021
The High Court held that intermediaries operating online marketplaces cannot be held liable for actions or omissions of independent vendors using their platforms.
The protection was recognized under provisions of the Information Technology Act.
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Rakesh Kumar Singla v. Union of India
Investigating agencies can rely on WhatsApp messages during probe – 14 January 2021
The Punjab and Haryana High Court ruled that WhatsApp messages can be relied upon during investigations.
The Court recognized electronic communication as relevant material during the course of inquiry and probe.
The Judgement can be accessed at:
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CONTRACTS
Padia Timber Company (P) Ltd v. The Board of Trustees of Visakhapatnam Port Trust
Acceptance of contract with new condition amounts to counter proposal – 5 January 2021
The Supreme Court held that acceptance of a contractual offer with variation or modification amounts to a counter proposal and not valid acceptance.
The Court observed that such modified acceptance must itself be accepted by the original proposer before a valid contract comes into existence.
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