“THE GOOD OF THE PEOPLE IS THE GREATEST LAW.”
ALTERNATIVE DISPUTE RESOLUTION
Government of India v. Vedanta Limited & Others
Malaysian arbitral award in Vedanta case not against Indian public policy – 16 September 2020
The Supreme Court upheld enforcement of the Malaysian arbitral award passed in favour of Vedanta concerning the Ravva oil and gas fields in the Krishna-Godavari basin.
The Court observed that enforcement of the foreign award would not violate Indian public policy and upheld the Delhi High Court’s refusal to interfere with the award.
The dispute related to a production sharing contract between the Government of India and Cairn India (now Vedanta) concerning exploration rights between 2000 and 2007.
The Judgement can be accessed at:
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Balasore Alloys Limited v. Medima LLC
Supreme Court examines applicability of multiple arbitration clauses – 16 September 2020
The Supreme Court considered which of two arbitration clauses would govern disputes between Balasore Alloys Limited and Medima LLC.
The Court held that the arbitration clause contained in the comprehensive Umbrella Agreement dated 31 March 2018 would prevail over the arbitration clause in the purchase orders.
The Court further observed that disputes regarding pricing, payment terms and recovery would be governed by the ICC arbitration clause seated in London.
The Judgement can be accessed at:
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COMPETITION & UNFAIR TRADE PRACTICE
Lifestyle Equities C V and Others v. Amazon Seller Services Private Limited and Others
CCI dismisses antitrust complaint against Amazon in online fashion market – 11 September 2020
The Competition Commission of India dismissed allegations that Amazon abused its dominant position in the online fashion retail market.
The Commission observed that Amazon was not dominant in the relevant market due to strong competition from Myntra, Ajio, Koovs, Flipkart and other platforms.
The complaint alleged preferential treatment to Amazon’s own labels and preferred sellers through search rankings and customer reviews.
The Order can be accessed at:
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CCI approves acquisition of 20% equity share capital of Piramal Pharma Limited by CA Clover Intermediate II Investments
CCI approves proposed combination involving Piramal Pharma – 12 September 2020
The Competition Commission of India approved acquisition of 20% issued and paid-up equity share capital of Piramal Pharma Limited by CA Clover Intermediate II Investments.
The proposed combination also involved transfer of Piramal Enterprises Limited’s pharmaceutical business to Pharma Co.
The Release can be accessed at:
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CCI approves acquisition of Bombardier Transportation by Alstom S.A.
CCI clears Alstom-Bombardier transaction – 19 September 2020
The Competition Commission of India approved acquisition of sole control over Bombardier Transportation by Alstom S.A.
The transaction also included acquisition of shareholding in Alstom by CDPQ and Bombardier Inc.
The Release can be accessed at:
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CCI approves acquisition of Nutrition & Biosciences business by International Flavors & Fragrances Inc.
CCI approves acquisition involving DuPont Nutrition & Biosciences – 19 September 2020
The Competition Commission of India approved acquisition of Nutrition & Biosciences, Inc. by International Flavors & Fragrances Inc.
The transaction involved transfer of DuPont’s Nutrition & Biosciences business into a newly formed entity acquired by IFF.
The Release can be accessed at:
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CORPORATE
The Karad Urban Cooperative Bank Ltd v. Swwapnil Bhingardevay & Ors
Resolution plan approval should not be interfered with if CoC considered all relevant factors – 4 September 2020
The Supreme Court held that approval of a resolution plan should not ordinarily be interfered with when the Committee of Creditors has considered all relevant commercial factors.
The Court reiterated the principle of limited judicial interference in commercial wisdom exercised by the Committee of Creditors.
The Judgement can be accessed at:
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INFORMATION TECHNOLOGY
R Bharaneeswaran v. The Government of Tamil Nadu and Others
Madras High Court refuses to ban online classes – 9 September 2020
The Madras High Court refused to prohibit online classes and directed schools to strictly follow State and Central Government guidelines concerning digital education.
The Court addressed concerns regarding privacy, exposure to obscene content, cyber safety, internet access and device availability for students.
The Court also directed authorities to establish district-level committees for monitoring compliance with online education guidelines.
The Order can be accessed at:
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Firoz Iqbal Khan v. Union of India & Ors
Supreme Court restrains Sudarshan TV from telecasting ‘Bindas Bol’ episodes – 15 September 2020
The Supreme Court restrained Sudarshan TV from telecasting two episodes of its programme ‘Bindas Bol’ concerning alleged infiltration of Muslims into civil services.
The Court observed prima facie that the programme appeared to vilify the Muslim community.
The Order can be accessed at:
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CONTRACTS & SPECIFIC PERFORMANCE
B Santoshamma & Anr v. D Sarala & Anr
Supreme Court clarifies principles governing partial specific performance – 18 September 2020
The Supreme Court held that courts may grant specific performance for the performable portion of a contract where complete performance becomes impossible.
The Court observed that after amendment of Section 10 of the Specific Relief Act, grant of specific performance is no longer discretionary in ordinary circumstances.
The Judgement can be accessed at:
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EDUCATION
Justice for All v. Government of National Capital Territory of Delhi & Ors
Delhi High Court directs schools to bridge digital divide for EWS students
The Delhi High Court directed private unaided schools and Government schools to provide gadgets and internet facilities to Economically Weaker Section and disadvantaged students for attending online classes.
The Court emphasized the importance of bridging the digital divide and ensuring equal access to education during the COVID-19 pandemic.
The Order can be accessed at:
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STAMP DUTY
Trustees of H C Dhanda Trust v. State of Madhya Pradesh
Ten times penalty for deficit stamp duty cannot be imposed mechanically – Supreme Court
The Supreme Court observed that penalty under Section 40(1)(b) of the Indian Stamp Act cannot be imposed mechanically at ten times the deficit stamp duty.
The Court held that factors such as fraud, deceit, intention to evade duty and undue enrichment are relevant while determining the extent of penalty.
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