“THE MORE I SEE OF TRIAL BY JUDGE, THE MORE HIGHLY I THINK OF TRIAL BY JURY.”
ALTERNATIVE DISPUTE RESOLUTION
M/s Ved Prakash Mithal and Sons v. Principal Kirorimal College & Anr
Supreme Court fines petitioner for directly approaching Court in arbitration matter – 2 November 2020
The Supreme Court dismissed the Special Leave Petition filed by a firm attempting to bypass the statutory arbitration clause provided in the agreement.
The Court imposed costs while observing that parties must first exhaust the agreed arbitration mechanism before directly approaching courts.
The Order can be accessed at:
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GE Power Conversion India Private Limited v. PASL Wind Solutions Private Limited
Two Indian parties are entitled to choose a foreign seat of arbitration – 3 November 2020
The Gujarat High Court held that Indian parties are legally entitled to choose a foreign seat of arbitration and such agreements are not opposed to public policy.
The Court further clarified that awards passed in foreign-seated arbitrations qualify as foreign awards enforceable under Part II of the Arbitration and Conciliation Act.
The nationality of the parties was held to be irrelevant while determining whether an award is a foreign award.
The Judgement can be accessed at:
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COMPETITION & UNFAIR TRADE PRACTICE
XYZ v. Alphabet Inc and Google LLC & Others
CCI orders detailed probe into alleged abuse of dominance by Google – 9 November 2020
The Competition Commission of India ordered a detailed investigation into alleged anti-competitive practices involving Google Pay and Google Play’s payment system.
The Commission observed prima facie contravention of Section 4 of the Competition Act relating to unfair conditions, denial of market access and leveraging of dominance.
The CCI also expressed concerns regarding mandatory use of Google Play’s payment system for paid applications and in-app purchases.
The Order can be accessed at:
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CCI approves acquisition of 7.73% equity share capital of Jio Platforms Limited by Google International LLC
Competition Commission approves Google investment in Jio Platforms – 12 November 2020
The Competition Commission of India approved acquisition of 7.73% equity share capital of Jio Platforms Limited by Google International LLC under Section 31(1) of the Competition Act, 2002.
The transaction involved investment by Google into Reliance Industries’ digital and telecom subsidiary Jio Platforms.
The Release can be accessed at:
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CORPORATE
SREI Infrastructure Finance Ltd v. Arcelor Mittal India Pvt Ltd & Ors
NCLT approves ₹103 crore resolution plan for NIIL Infrastructures – 4 November 2020
The National Company Law Tribunal approved the ₹103.18 crore resolution plan submitted for debt-ridden NIIL Infrastructures.
The Tribunal observed that the plan protected workmen and ensured full and final settlement of dues for the prescribed insolvency period.
The NCLT further stated that there was no discrimination among similarly situated creditors under the approved plan.
The Order can be accessed at:
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INFORMATION TECHNOLOGY & PRIVACY
Arun Sharma v. State of M P and Others
Producing suspects before media violates their privacy – 2 November 2020
The Gwalior Bench of the Madhya Pradesh High Court observed that presenting suspects before the media violates their fundamental rights guaranteed under Article 21 of the Constitution.
The Court further noted that such acts encourage media trials and compromise the dignity and privacy of individuals under investigation.
The Judgement can be accessed at:
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Rakesh Shetty v. State of Karnataka & Others
Investigating agency cannot retain username and password of accused person’s social media accounts – 5 November 2020
The Karnataka High Court held that investigating agencies may download necessary information from social media accounts during investigation but cannot permanently retain login credentials.
The Court directed authorities to return changed login credentials of Facebook and YouTube accounts to the account holder within seven days.
The Judgement can be accessed at:
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