Author: kkslawoffices

The Supreme Court (SC), in an appeal filed against the order of Chhattisgarh High Court cancelling the bail of the accused woman in a money laundering case, has held that proviso to Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA), does not make entitlement of bail mandatory to those category of persons mentioned therein. The SC further held that the courts should “exercise the discretion judiciously using their prudence”, and must weigh in extent of involvement of the accused and nature of evidence collected by the Investigating agency while hearing the bail plea.

The Supreme Court, while dealing with the issue of whether it is legal for the High Court (HC) to entertain a revision petition filed against dismissal of application for setting aside ex-parte decree under Order IX Rule 13 of the Civil Procedure Code, 1908 (CPC), has held that, since an appeal, under Order XLIII Rule 1(d) of CPC, lies with the HC against dismissal of application for setting aside ex-parte decree; the HC is not entitled to exercise its power of revision available to it under Section 115 of the CPC.

The Competition Commission of India (CCI) has issued notice calling in comments from stakeholders regarding numbering & fees applicable for filing of Interlocutory Applications (IA) for adjournment, seeking extension, cross examination, confidentiality ring, etc. The CCI, is of the opinion, that for efficient monitoring & speedy disposal of cases, every IA is required to be registered in running number & should be accompanied with fee(s). In this connection, CCI has invited stakeholder’s comments which can be submitted by 01.01.2024 to the CCI.

The Bharatiya Nagarik Suraksha Sanhita Bill (BNSS) has been re-introduced in the Lok Sabha, 2 days after it was withdrawn to incorporate the recommendations made by the Parliamentary Standing Committee (PSC). The revised BNSS includes suggestions made by the PSC; however, it skips to criminalize adultery and marital rape & retains sedition as an offence.

The Belgian Competition Authority (BCA) has imposed a fine of €490,000 on Le Creuset – a French-Belgian manufacturer of cookware for implementing resale price maintenance policy upon its distributors. The BCA investigation revealed that Le Creuset’s policy was aimed to guarantee a certain price level on the market by limiting the ability of distributors to determine their own resale prices to consumers, with the consequence of restricting price competition between distributors.

The Supreme Court (SC), while dealing with the issue of ineligibility of a Resolution Applicant in a MSME insolvency case, has held that, a conjoint reading of Section 29A & Section 240A of the Insolvency & Bankruptcy Code, 2016 (IBC) would stipulate that the eligibility of the Resolution Applicant under Section 29A has to be determined on the date of submission of the resolution plan by the Applicant & not on the basis of the date of filling of CIRP against the Corporate Debtor.

The Competition and Markets Authority (CMA) in the United Kingdom has launched an investigation over the environmental claims made by the consumer goods group – Unilever, & its brands – Cif, Dove, Comfort, and Lynx. The CMA concerns inter alia, includes claims regarding recyclability, exaggeration of the term ‘natural’ in its products or ingredients & environment impact of those products.

A 7-judge Bench of the Supreme Court (SC), while overruling its previous judgment in the N.N. Global Mercantile case, has held that even an unstamped or improperly stamped arbitration agreement is enforceable, however, the same is inadmissible as an evidence. The SC while holding that non-stamping or inadequate stamping is a curable defect, noted that whether the arbitration agreement has been stamped or not has to be ascertained by the Arbitral Tribunal & not the courts.

The Rajya Sabha has passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 which inter alia, deals with the appointment, conditions of service, procedure for functioning of Election Commission etc. The Bill was a sequel to the Supreme Court’s judgment in the case of Anoop Baranwal v. Union of India, which held that the appointment of Chief Election Commissioner and Election Commissioners shall be made by the President on the basis of advice tendered by a Committee consisting of the Prime Minister, the Leader of Opposition in the Lok Sabha & the Chief Justice of India.

The Andhra Pradesh High Court (AP HC), in a petition filed for quashing of criminal proceedings by taking the plea that the signatory of the cheque, acting on behalf of a sole proprietorship, cannot be made liable under Section 141 of the Negotiable Instruments Act, 1888, has held that, a sole proprietorship does not possess a separate legal identity on its own & is merely a business name of the proprietor. Therefore, the AP HC while noting that any reference made to proprietorship firm means and includes only the proprietor and not its employees, quashed the criminal proceedings against the signatory, who was an employee of the sole proprietor.