Author: kkslawoffices

The Supreme Court (SC) while dealing with the issue of whether the trial court is barred from exempting personal appearance of the accused under Section 205 of the Code of Criminal Procedure, 1973 (Code) prior to obtaining bail has held that, such a power to grant exemption should not be read in a restrictive manner so as to be exercised only after accused has been granted bail. The SC further held that when Code is silent on certain procedures “criminal court must act on the principle, that every procedure which is just and fair, is understood as permissible, till it is shown to be expressly or impliedly prohibited by law”.

The Supreme Court (SC) dealing with an appeal challenging the order passed by the Punjab & Haryana High Court (P&H HC) allowing the complainant to amend the date of cheque mentioned in the complaint has held that, in cheque dishonour cases wherein, ‘Date’ is a relevant aspect on which the entire prosecution against the accused in based, such amendments are not justified. The SC, further noted that the P&H HC erred by not taking into account the fact that such an amendment was moved, at a very late stage, after the evidence stage was over.

The Supreme Court (SC) while dealing with the issue of whether issuance of certificate of marriage by a registered entity would mean that the marriage was valid has held that, as per Section 7 of the Hindu Marriage Act, 1955 (HMA) the requisite ceremonies for solemnization of a Hindu marriage is either saptapadi or customary rites/ceremonies of either parties. The SC further held that, for a valid marriage under the HMA, “the requisite ceremonies have to be performed and there must be proof of performance of the said ceremony …”

The Delhi High Court (DHC) while dealing with a petition u/S.9 of the Arbitration & Conciliation Act, 1996 filed by SBI Cards & Payment Services Pvt. Ltd. (SBI Cards) seeking an interim injunction against its software provider – Kony INC., its subsidiaries & partners (Kony) from terminating the agreement, has held that, considering the nature of services provided by SBI Cards, disruption of software license could lead to enormous consumers’ risks. The DHC considering that disruption of SBI Cards’ services could lead to financial losses & erode consumer trust, passed an ex-parte ad-interim injunction against Kony.

The European Commission (EC) has designated Apple as ‘Gatekeeper’ in relation to its iPad OS under the Digital Markets Act, 2022 (DMA). Under the DMA, Apple now has 6 months to comply with all the DMA obligations. The EC pointed out that despite iPad OS not meeting the quantitative thresholds laid down in the DMA, features such as number of business users on iOS and lock-in effect of iPad OS on end users & business users, Apple act as a gatekeeper viz. iPad OS.

The Competition Commission of India (CCI) in an information filed by a software developer alleging abuse of dominant position against Automattic Inc. – parent company of WordPress.org for delisting website plugins, created by the Informant, from the WordPress Plugin Directory, has dismissed the case noting that delisting of Informant’s plugin from the directory was due to his persistent misconduct contrary to the WordPress guidelines. The CCI noted that even though WordPress.org is dominant in two relevant markets – market for provision of Content Management Software in India & market for WordPress-Specific Plugin Directories Market in India, its conduct does not appear to be unfair or discriminatory.

The Supreme Court (SC) while dealing with the issue of whether communication of acceptance of resignation by the designated authority is necessary for confirming termination from service, has held that, resignation would effective upon its acceptance, unless rules or guidelines governing the resignation mandate compulsory communication of acceptance of resignation.

The Supreme Court (SC), while dealing with an appeal challenging the order passed by the Allahabad High Court denying regularization of the appellants in their respective posts, has held that failure to recognize the substantive nature of employee’s roles & its continuous service akin to permanent employees runs “counter to the principles of equity, fairness, and the intent behind employment regulations”. The SC while noting that the appellants, in the present case, were appointed through a selection process akin to that of regular recruitment, and were performing same duties as those in permanent posts & also for a considerably long period of time, directed regularization of these employees.

The US Federal Trade Commission (FTC) has released a final rule banning non-compete agreements (NCAs) in the U.S. NCAs are exploitative practices imposing contractual conditions that prevent workers from taking a new job or starting a new business, forcing them either stay under the current employer or bear significant harms and costs like being forced to switch to a lower-paying field, forced to relocate, leave the workforce altogether, or defending against expensive litigation. As per the FTC, a ban on NCAs will protect the “fundamental freedom of workers to change jobs…”.

The Supreme Court (SC), dealing with writ petitions seeking directions to tally Voter Verifiable Paper Audit Trail (VVPAT) slips with votes cast through Electronic Voting Machines (EVMs) during elections, while noting that such directions cannot be sought based on mere suspicions of hacking & manipulations, rejected the plea. Though, the SC denied to grant relief as asked by the petitioners, it directed certain measures to be undertaken by the Election Commission of India and other authorities to make EVMs fool-proof.