Author: kkslawoffices

The Federal Trade Commission (FTC) has published a consent order relating to antitrust concerns arising from the Intercontinental Exchange (ICE) acquisition of Black Knight (BK). The FTC has allowed the deal to pass through, however, with a modification to the transaction viz. BK’s ‘Optimal Blue’ and ‘Empower businesses’, which provide critical services in the mortgage origination process, were divested to Constellation Web Solutions – a provider of mortgage-related tools & software.

The Supreme Court (SC), in an appeal challenging the order rejecting application for suspension of sentence passed by the Gujarat High Court (GHC), has held that “…there is no hard and fast rule which requires an accused to undergo sentence for a particular period before his prayer for suspension of sentence is considered.” The SC, while granting bail to the convicts, noted that GHC has erred in considering only sentence undergone post-conviction & not the actual period of sentence including term served by them under-trial.

The Supreme Court, in an appeal challenging the Madhya Pradesh High Court’s (MPHC) conviction order on the ground that the MPHC has failed to attribute any specific role played by the appellants for conviction under Section 149 IPC, has held that the membership of an unlawful assembly & towards one or more of the common objects are sufficient factors for conviction under Section 149 IPC. Further, it is not necessary that every person constituting an unlawful assembly must play an active role.

The Delhi High Court, in a suit filed by the New Balance Athletics Inc. (NB) seeking declaration of its Trade Mark as “well-known” Trade Mark, noted that the mark “NEW BALANCE” & logo of NB are distinctive, having a trans-border reputation and have presence in India since 1987. Therefore, the DHC held NB to be a “well-known” trademark as per Section 11(6) of the Trade Marks Act, 1999.

The Competition Council of Republic of Latvia (CC) has imposed fine of €163,630 on three companies – Ake Logistika, Latgales Mulča & Mg Auto, for exchanging commercially sensitive information & bid-rigging in 5 public procurement issued by state-owned Latvijas valsts meži for delivery, chipping, storage and transportation of wood chips. CC found that all the bids submitted on the e-procurement website where submitted from a single IP address, as well as two companies being registered through a common e-mail address.

The Supreme Court in an appeal, where defense of exception 4 to Section 300 IPC was taken by the accused-husband charged for uxoricide, has held that this defense will be applicable only when “…culpable homicide is committed not only without premeditated mind in a sudden fight or quarrel but also without the offender taking “undue advantage” of the situation.” In the instant case, the accused upon seeing the deceased-wife drenched in kerosene, took advantage of the situation and lighted a matchstick and threw it upon her, leading to her death in the hospital.

The Allahabad High Court (AHC), in a writ petition for quashing the order rejecting passport application of the petitioner, has held that non-cognizable report cannot be taken into consideration when no investigation was ordered by the concerned Magistrate. The AHC further, relied on one of its previous judgment wherein it had held that “…even during the pendency of any criminal case, passport could be issued/renewed as per the Government Order dated 25.8.1993 if the Court passes orders for that purpose.”

The Supreme Court (SC), dismissing a review petition filed for review of the judgment in the case of State Tax Officer v. Rainbow Papers Ltd., being of the opinion that the earlier Bench had passed a well-considered judgment has held that no mistake or error apparent on the face of record appears in the judgment. In the judgment under review the SC had held that the debts owed to a secured creditor, which would include the State in whose favour a security interest was created by operation of law, are equal in rank with other specified debts including workmen dues.

The Supreme Court, while dealing with the issue of whether bar on modification of judgment & final order as given under Section 362 Cr.P.C. would apply to order refusing bail, has held that any change in circumstances under which bail plea was dismissed confers a right to file a fresh application which empowers the concerned court to consider bail plea afresh. Therefore, prohibition on modification under Section 362 Cr.P.C. would not apply to a judgment or final order rejecting bail.

The Delhi High Court (DHC), in a writ petition filed for quashing of Look-Out Circular (LOC) issued against the petitioner at the behest of the IT Department, has held that such LOCs cannot be resorted to in each and every case of bank loan defaults or credit facilities availed for business etc. it can only be issued on ground of “detrimental to economic interest” when it involves offence having larger impact of the country, in situations such as cases involving “Squandering of public money, siphoning off amounts taken as loans from banks, defrauding depositors, indulging in hawala transactions may have a greater impact as a whole..“