"Due Deference Must Be Given To SEBI's Opinion": Supreme Issues Court Guidelines For Compounding Offences Under Section 24A SEBI Act

The Supreme Court laid down certain guidelines for Securities Appellate Tribunal ("SAT") in the matter of adjudicating an application for compounding of the offence under Section 24A of Securities and Exchange Board of India Act, 1992.The bench comprising Justices DY Chandrachud and MR Shah observed that though the consent of the SEBI for the compounding is not mandatory Court, it must give...

'They Should Not Feel Shy In Facing Inquiry': Karnataka High Court Dismisses Amazon & Flipkart Pleas Against CCI Probe

A division bench of the Karnataka High Court on Friday dismissed the appeals filed by e-commerce giants Amazon and Flipkart challenging an order of a Single Bench of the High Court which had allowed Competition Commission of India (CCI) to conduct a preliminary investigation into their alleged anti-competitive practices. A division bench of Justice Satishchandra Sharma and Justice...

Supreme Court Dismisses Telecom Companies' Pleas To Recompute AGR Dues

The Supreme Court on Friday rejected the pleas of telecom companies seeking recomputation of the Adjusted Gross Revenue (AGR) dues demanded by the Department of Telecommunications (DoT).A bench comprising Justices L Nageswara Rao, S Abdul Nazeer and MR Sha pronounced the order dismissing the applications filed by Vodafone Idea, Bharti Airtel and Tata Teleservices.The bench had observed...

'Justice Does Not Always Require Black Gowns & Elaborate Arguments, Future Belongs To Mediation': CJI NV Ramana

Addressing the inagural session of International Virtual Mediation Summer School, 2021, the Chief Justice of India, N.V. Ramana expressed his belief in the role of mediation in dispute resolution encouraging law students and lawyers to learn the skills. In his address, he emphasized on education as a tool of empowerment and bringing about change in society. The future belongs to mediation,...

Emergency Award Is Not An Order Under Section 17 Of Arbitration Act : Future Retail In Supreme Court

Responding to Amazon's arguments, Senior Advocate Harish Salve made submissions on behalf of Future Retail Ltd in the dispute over the Emergency Arbitration Award passed by a Singapore Tribunal halting the FRL's deal with Reliance.Salve rebutted the argument of Amazon that the appeal filed by FRL before the division bench of the Delhi High Court was not maintainable. He stated that...

Trial Judges Work Amidst Appalling Conditions; Colonial Mindset Towards District Judiciary Must Change: Supreme Court

The colonial mindset which pervades the treatment meted out to the district judiciary must change, the Supreme Court observed in a judgment passed on Thursday (22nd July 2021).The bench comprising Justices DY Chandrachud and Hrishikesh Roy noted that the Trial judges work amidst appalling conditions."Lack of infrastructure, inadequate protection, examples of judges being made targets when...

Biyanis Induced Amazon Into Deal With Future Retail; They Are Bound By Arbitration : Amazon In Supreme Court

Amazon through its Counsel Senior Advocate Aspi Chinoy on Thursday submitted before the Supreme Court that even though Amazon- Reliance- FRL dispute seems to play out as one of Corporate entities, the promoters of FRL Kishore and Rakesh Biyani are the focus of the matter, being both the driving force of transaction initially and its breach subsequently."In the clash of corporates one must...

CPI(M) Moves Supreme Court For Early Hearing Of Electoral Bonds Case

The Communist Party of India (Marxist) has filed an application seeking early hearing of the writ petition filed by it in 2018 challenging the legality and constitutionality of the anonymous Electoral Bonds Scheme.The application filed through Advocate Shadan Farasat states that the case deals with the "very essence of a fundamental democracy" and impacts voters' right to know the source...

There Is No Per Se Bar To Grant Relief Of Interest On Refund To A Subsequent Purchaser Of Flat: Supreme Court

The Supreme Court observed that there is no per se bar to grant relief of interest on refund to a subsequent purchaser of flat.It cannot be said that a subsequent purchaser who steps into the shoes of an original allottee of a housing project in which the builder has not honoured its commitment to deliver the flat within a stipulated time, cannot expect any even reasonable time, for...

Breaking-Advocates Have Right To Practice Before Maintenance Tribunals: Delhi HC Declares S.17 Of Senior Citizens Act Ultra Vires To S.30 Advocate Act

The Delhi High Court has declared as ultra vires Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which bars lawyers from representing parties in matters before the Maintenance Tribunals. The order is in line with the judgment delivered by a Division bench of the Kerala High Court in April this year, stating that the provision is ultra vires of Section...

'Chief Minister's Promise In Press Conference Enforceable' : Delhi High Court Directs To Implement Kejriwal's Assurance On Rent Payment For Poor

In a notable judgment, the Delhi High Court has held that a promise or assurance given by the Chief Minister in a press conference amounts to an enforceable promise and that a CM is expected to exercise his authority to give effect to such a promise.A single judge bench comprising of Justice Pratibha M Singh observed thus:"The promise/assurance/representation given by the CM clearly amounts to...

Supreme Court Urges UPSC To Take 'Lenient View' On Plea For Extra Chance; Allows Civil Service Aspirants To Make Representation

The Supreme Court on Thursday refused to pass directions to the Central Government and the Union Public Service Commission to grant one-time age-relaxation to those candidates who could not appear in the 2020 examination due to COVID-related difficulties and restrictions.However, the bench comprising Justices AM Khanwilkar and Sanjiv Khanna gave the candidates liberty to submit...