Author: kkslawoffices

The Kerala High Court (KHC), allowing an appeal against the order of a Family Court rejecting the request of the mother to take her child to New Zealand, observed that “If the relocation of the appellant is for better fortune, that cannot hold against her from claiming custody, provided, that the child’s welfare is also protected.”

The 22nd Law Commission of India (LCI) after receiving references from Karnataka High Court & Madhya Pradesh High Court viz. rising number of cases relating to girls above 16 years of age falling in love & having sexual intercourse with a boy thereby attracting provision of Protection of Children from Sexual Offences Act, 2012 (POCSO Act) or IPC, has published its 283rd Report regarding the same. The LCI opined that considering the existing child protection laws, the maladies of child abuse that continues to plague the Indian society, it is not advisable to tinker with the existing age of consent under the POCSO Act.

The U.S. Department of Justice (DoJ) has filed a complaint in the district of Minnesota against a data company, Agri Stats, for facilitating anti-competitive practices in the U.S. meat industry through publishing price-related information exchanges. According to the DoJ, Agri Stats’ weekly reports on meat pricing and sales assisted meat companies to align their prices with competitors, potentially leading to price manipulation. Further, companies relying on Agri Stats’ reports account for over 90% of broiler chicken, 80% of pork, and 90% of turkey sales in the U.S. & that Agri Stats operates its information exchanges in a manner that prioritizes industry profits over fair competition.

The Delhi High Court (DHC), in a suit filed by Star India Pvt. Ltd. (Star), which has the exclusive global media rights of ICC Men’s Cricket World Cup 2023 (WC) matches, seeking injunction restraining illegal dissemination of WC matches by rogue websites and for real-time blocking of these websites, noted that the broadcast reproduction rights are owned by Star, under section 37 of the Copyright Act, 1957, and therefore, “The DoT and MeitY shall also issue blocking orders immediately upon the Plaintiffs communicating the details of the websites which are illegally streaming the ICC World Cup Cricket matches.”

The Delhi High Court (DHC), in an appeal filed against the decree granting divorce on grounds of cruelty and desertion, has held that once a spouse condones an extra-marital affair of the other then it cannot later be called an act of cruelty in divorce proceedings. In the present case, the wife had levelled that her husband had an extra-marital affair with another woman during their marriage. However, the DHC, noting “That the brief intimate relationship did create some turbulence in the lives of the respondent and the appellant, but they both were able to sail over it…”, held that the Family Court has rightly disregarded the wife’s plea of cruelty against the husband while granting divorce.

The Punjab & Haryana High Court (P&H HC), in an anticipatory bail application by a person against whom a FIR was registered under Sections 21(c), 22(c) & 25 of the NDPS Act, 1985, took note of the fact that there was another FIR registered against the same person in a similar offence. Therefore, the P&H HC, noting that there are multiple FIRs against the applicant, held that stringent conditions for grant of bail under Section 37 of the NDPS Act, which are in addition to those prescribed under the Cr.P.C., 1973, are not meted with and no bail can be granted.

The European Commission (EC) prohibited Booking Holdings (Booking.com) from acquiring Flugo Group Holdings AB (eTraveli) citing entrenchment of dominant position in Europe. Booking.com is the leading hotel Online Travel Agency (OTA) while eTraveli is one of the main providers of flight OTA services in Europe. According to EC the acquisition would not only strengthen Booking.com’s position in the Hotel OTA market but, owing to eTraveli’s best-in-class flight OTA market, will open the growth avenue of flight OTA services crucial for Booking.com’s platform.

The Supreme Court (SC), in a writ petition filed by a convict serving life imprisonment seeking directions for his pre-mature release whose release has been rejected, arbitrarily, based on the offence being in excluded categories from remissions, noted that “Blanket exclusion of certain offences, from the scope of grant of remission, especially by way of an executive policy, is not only arbitrary, but turns the ideals of reformation that run through our criminal justice system, on its head.”

The European Commission (EC) found existence of cartel among two manufacturers/ suppliers of military hand grenade in the European Union. The EC noted that Diehl and RUAG, both competitors, colluded amongst themselves on the basis of geographical area for the supply of hand grenades in the European Union. This split of supply in national markets existed for almost 14 years in which both supplied their hand grenades only in their allocated territory unless the other party gave its consent. The EC received the information about the cartel from RUAG, as a result of which it received full immunity from any fines & considering Diehl’s cooperation in investigation, it received 50% reduction in fines, which resulted in € 2.5 Million fine being imposed on Diehl.

The Supreme Court (SC), in an appeal against the order of the Bombay High Court (BHC) permitting the borrowers to redeem the secured asset after the conclusion of auction process, has held that failure of borrower in paying the entire dues before the publication of the auction notice under Section 13(8) of SARFAESI Act, 2002 constitute extinguishment of right of redemption of mortgage, by the act of parties as per the proviso to Section 60 of the Transfer of Property Act, 1882. Further, the SC held that once the auction stood concluded it can be said that there was an intentional relinquishment of the right of redemption under Section 13(8) of SARFAESI Act, 2002.