“IT AIN’T NO SIN IF YOU CRACK A FEW LAWS NOW AND THEN, JUST SO LONG AS YOU DON’T BREAK ANY.”
ALTERNATIVE DISPUTE RESOLUTION
P Bandopadhya & Ors v. Union of India & Ors
Principles of Res Judicata apply to writ petitions – Supreme Court
The Supreme Court reiterated that the doctrine of Res Judicata is applicable even to writ proceedings filed under constitutional jurisdiction.
The Court observed that earlier decisions which attain finality cannot be reopened through subsequent writ petitions on identical issues.
The Judgement can be accessed at:
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Kerala High Court Lis Pendens Matter
Sale agreements executed during pendency of litigation hit by doctrine of lis pendens
The Full Bench of the Kerala High Court held that agreements for sale executed during pendency of a suit are hit by Section 52 of the Transfer of Property Act.
The Court clarified that the expression “otherwise dealt with” under Section 52 includes agreements for sale as well.
Ripudaman Singh v. Balkrishna
Cheque dishonour complaints maintainable for cheques issued under sale agreements – Supreme Court
The Supreme Court held that complaints under Section 138 of the Negotiable Instruments Act are maintainable in cases involving dishonour of cheques issued pursuant to agreements for sale.
The Court confirmed that such cheques constitute legally enforceable liabilities.
The Judgement can be accessed at:
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Ramakrishna Mission & Anr v. Kago Kunya & Ors
Mere statutory regulation does not make private bodies amenable to writ jurisdiction – Supreme Court
The Supreme Court clarified that regulation of private institutions by statute alone is insufficient to treat them as entities performing public functions under writ jurisdiction.
The Court emphasized examination of the actual nature of functions discharged by such bodies.
The Judgement can be accessed at:
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Pioneer Urban Land & Infrastructure Ltd v. Govindan Raghavan
One-sided builder-buyer clauses constitute unfair trade practice – Supreme Court
The Supreme Court ruled that one-sided contractual clauses heavily favouring builders amount to unfair trade practices under consumer protection law.
The Court stressed the need for fairness and equality in builder-buyer agreements.
The Judgement can be accessed at:
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CORPORATE
Alchemist Asset Reconstruction Co Ltd v. Moser Baer India Limited
Provident fund, pension and gratuity dues excluded from liquidation estate – NCLT
The National Company Law Tribunal held that provident fund, pension fund and gratuity dues of employees do not form part of liquidation estate assets under the Insolvency and Bankruptcy Code.
The Tribunal clarified that such dues cannot be distributed through the Section 53 waterfall mechanism.
Pr Director General of Income Tax v. Synergies Dooray Automotive Ltd
Statutory dues qualify as operational debt under IBC – NCLAT
The National Company Law Appellate Tribunal held that statutory liabilities such as income tax and VAT dues qualify as operational debt under the Insolvency and Bankruptcy Code.
The ruling enabled Government departments to claim status as operational creditors.
The Judgement can be accessed at:
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Serious Fraud Investigation Office v. Rahul Modi & Another
Companies Act prescribes no mandatory timeline for completion of SFIO investigations – Supreme Court
The Supreme Court held that the Companies Act does not prescribe any mandatory period for completion of investigations conducted by the Serious Fraud Investigation Office.
The Court observed that timelines under Section 212 are directory in nature and not mandatory.
The Judgement can be accessed at:
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RBI February 12 Circular Matter
Supreme Court strikes down RBI circular on bad loan insolvency referrals
The Supreme Court declared the RBI’s February 12, 2018 circular relating to insolvency proceedings against defaulting companies as ultra vires and unconstitutional.
The judgment granted significant relief to companies in sectors such as power, shipping and sugar.
The Judgement can be accessed at:
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Deputy Director Directorate of Enforcement Delhi v. Axis Bank & Ors
IBC, SARFAESI and RDBA must operate harmoniously with PMLA – Delhi High Court
The Delhi High Court held that banking and insolvency legislations do not override the Prevention of Money Laundering Act when dealing with attachment of proceeds of crime.
The Court emphasized harmonious interpretation between PMLA, SARFAESI, RDBA and the IBC.
The Judgement can be accessed at:
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COMPETITION
Ravi Pal v. All India Sugar Trade Association (AISTA)
CCI dismisses cartel allegations involving sugar trade WhatsApp groups
The Competition Commission of India dismissed allegations that the All India Sugar Trade Association and traders were engaging in cartelization through WhatsApp groups.
The Commission held that information shared in the groups largely reflected publicly available market data and did not establish anti-competitive conduct.
The Order can be accessed at:
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INFORMATION TECHNOLOGY
S Vijayakumar v. Union of India
Madras High Court summons authorities over regulation of children’s internet usage
The Madurai Bench of the Madras High Court summoned telecommunications and internet service authorities for failing to respond to notices in a plea seeking regulation of internet usage for children.
The petition focused on safeguarding minors from harmful online exposure.
The Order can be accessed at:
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Hindustan Unilever Limited v. Emami Limited
Delhi High Court finds no disparagement in Fair and Handsome advertisement
The Delhi High Court held that Emami’s advertisement for “Fair and Handsome” did not amount to generic disparagement of Hindustan Unilever’s “Fair & Lovely” product.
The Court refused to restrain telecast of the commercial.
The Judgement can be accessed at:
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Election Commission of India v. Central Information Commission
Delhi High Court stays CIC order treating EVMs as information under RTI Act
The Delhi High Court stayed a Central Information Commission order which had held that Electronic Voting Machines fall within the definition of “information” under the Right to Information Act.
The matter involved interpretation of RTI provisions relating to electronic voting systems.
Aadhaar Ordinance Challenge Matter
Supreme Court refuses to entertain challenge against Aadhaar Ordinance
The Supreme Court declined to directly entertain a petition challenging the Aadhaar Ordinance introduced by the Central Government.
The Court directed petitioners to first approach the appropriate High Court for relief.
