Charging Stations For E-Vehicles In Housing Societies Will Help Reduce Air Pollution: Bombay High Court Asks State To Finalise Legal Framework

Observing that charging stations for electric vehicles within society premises will help reduce the menace of air pollution, the Bombay High Court recently ordered the Maharashtra government to finalise its policy with regard to installation of charging points/stations with the housing societies, at the earliest.A division bench of Justices Girish Kulkarni and Advait Sethna while dealing with...

NCLAT Stays Ban on WhatsApp's Data-Sharing Policy; Orders Meta To Pay 50% Of ₹213 Crore Penalty

The National Company Law Appellate Tribunal (NCLAT) bench of Justice Ashok Bhushan (Chairperson) and Arun Baroka (Technical Member) has granted partial relief to WhatsApp from the Competition Commission India's (CCI) order against its 2021 privacy policy update.The CCI had banned WhatsApp from sharing user data with Meta for advertising purposes for 5 years and imposed a Rs. 213.14 crore...

No Provision For Law Enforcement To Conduct Arrests Via Video Calls: Rajasthan HC Takes Suo Motu Cognizance Of 'Digital Arrest Scams'

Terming “Digital Arrest scams” as one of the most insidious forms of cybercrime, Rajasthan High Court took suo motu cognizance of the increasing trend of cybercrimes in India including digital arrest, directing the State and Central Government to submit a report on the steps being taken to curb the offence.The bench of Justice Anoop Kumar Dhand opined that it was high time to spread...

Madras High Court Reserves Orders On Netflix India's Application To Reject Suit Filed By Dhanush Against Nayanthara's Documentary

The Madras High Court has reserved orders on two applications moved by Netflix India to reject the plaint and to revoke the leave to sue granted to Actor Dhanush's Wunderbar films. Wunderbar had sought leave to sue Los Gatos (Netflix's Indian entity) in connection with the copyright infringement case against Nayanthara, Vignesh Sivan, and others. Justice Abdul Quddhose reserved...

Karnataka High Court Strikes Down Centre's Green Energy Open Access Rules, Says It Lacks Legislative Competence

The Karnataka High Court has struck down the Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules 2022 framed by the Central Government for generation, purchase and consumption of green energy i.e., electrical energy from renewable sources of energy.A single judge, Justice N S Sanjay Gowda observed that the Centre lacks power under Electricity, 2003 Act to frame...

Supreme Court Transfers Petitions Filed Against CCI Probe Into Amazon-Flipkart To Karnataka HC

The Supreme Court on Monday (January 6) transferred to the Karnataka High Court multiple writ petitions pending in various High Courts challenging the Competition Commission of India's (CCI) probe into alleged anti-competitive practices by Amazon and Flipkart-associated sellers.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan passed the order in a transfer petition filed by the...

DTAA | Foreign Company Providing Software To Its Agents In India Doesn't Mean It Has 'Permanent Establishment' In India: Delhi HC

The Delhi High Court has held that 'software' being an intangible property, cannot alone constitute 'Permanent Establishment' (PE) of a foreign entity in India. PE is defined under Article 5 of the Double Taxation Avoidance Agreement (DTAA) between India and the United States of America as- a fixed place of business through which businesses of an enterprise are wholly or partly...

Seriously Disputed Facts, Like A Maze: Karnataka HC Refuses To Quash Cheating Case Against Two Booked For Defrauding Amazon Of Rs 70 Lakh

Dismissing a plea filed by two persons seeking quashing of an FIR registered against them for allegedly defrauding Amazon Seller Services Limited to the tune of Rs 69,91,940, the Karnataka High Court said that the facts in the case are "so seriously disputed" that they are like a "maze" and would require a full blown trial. Dismissing the petition filed by Sourish Bose and Deepanvita...

Delhi High Court Passes 'Dynamic+' Injunction To Protect Copyrighted Works Of Warner Bros, Netflix & Others

The Delhi High Court has recently passed a dynamic+ injunction to protect the copyrighted works of Warner Bros, Netflix, Disney and other global entertainment companies. Justice Saurabh Banerjee was dealing with a suit filed by global entities against 45 rogue websites seeking to restrain them from hosting and streaming their copyrighted works in various movies and shows. The suit was filed...

Software Expenses Are 'Revenue In Nature' If Fixed Capital Did Not Undergo Any Change Consequent To Acquisition Of Licensed Software: Mumbai ITAT

Referring to the decision in case of DCIT v/s M/s First Advantage Private Limited [ITA No. 6659/Mum/2013], the Mumbai ITAT held that software license expenses incurred by assessee to carry out its routine operations in a more efficient manner, has to be treated as revenue expenditure. The ITAT held so after finding that the fixed capital of assessee did not undergo any change as...

Failure To Refund Despite Receiving Returned Items, Bangalore District Commission Holds Amazon Liable

The Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka) bench of Sharavathi S.M.(President) and Jyothi N (Member) held Amazon liable for deficiency in services due to its failure to refund the amount despite receiving the returned items. Brief Facts: The Complainant placed an order for a riding jacket and a mosquito mesh on Amazon, priced at...

“Microsoft Blues”: A Call For Regulatory Shift & Invoking No Fault Liability

In the digital age, the security and resilience of critical infrastructure has become a paramount concern for nations worldwide. The recent Microsoft cloud outage, which caused widespread disruptions to various services and applications, has highlighted the world's uninhibited dependency on private companies and the urgent need for policymakers to mitigate the risks of such data outages with a regulatory framework.Critical infrastructure refers to the essential systems or sectors of any nation,...