Author: kkslawoffices

The General Court of EU annulled a much-hyped, $1.2 billion fine of EC against Intel. This was a matter, wherein in 2009, Intel was accused of Abuse of Dominance because of loyalty rebates to PC makers for squeezing out its rival, Advanced Micro Devices Inc (AMD). Commenting on the analysis by the EC, the EU Court observed, “The Commission’s analysis is incomplete and does not make it possible to establish to the requisite legal standard that the rebates at issue were capable of having, or likely to have, anticompetitive effects.”

Karnataka HC cancelled the bail granted to an accused by the trial court, pointing out the lapse of not hearing the victim, as mandated under Section 439(1A) of CrPC, 1973, before granting bail. Karnataka HC stated, “The law mandates that when the victim is below the age of 16 years, an opportunity has to be given before passing the order to the victim/complainant/informant.”

Quashing the 2019 Karnataka Premier League (KPL) fixing case involving cricket players and team managers indulging in corruption, Karnataka HC stated, “It is true that if a player indulges in match-fixing, a general feeling will arise that he has cheated the lovers of the game. But, this general feeling does not give rise to an offence”.

Even if the father expired intestate prior to 1956, in which the Hindu Succession Act, 1956 was enacted, the property is to be inherited to the daughter and not to the person through survivorship, and a daughter of such male Hindu would be entitled to inherit such property in preference to other collaterals

The Supreme Court upheld CCI’s jurisdiction, to investigate the tendering process for appointment of distributors of lotteries, in the state of Mizoram. The Supreme Court stated that, “if in the tendering process there is an element of anti-competition which would require investigation by the CCI, that cannot be prevented under the pretext of the lottery business being res extra commercium, more so when the State Government decides to deal in lotteries”.

Taking an adverse note of passing an order of conviction and sentence on the same day without allowing the accused a chance to argue on quantum of punishment, the Supreme Court commuted death sentence of a man to 30-year jail for raping and killing an 11- year old girl in MP in 2017.

Upholding DEVAS winding order up of NCLAT, Hon’ble Supreme Court said, “ If the seeds of the commercial relationship between Antrix and Devas were a product of fraud perpetrated by Devas, every part of the plant that grew out of those seeds, such as the Agreement, the disputes, arbitral awards etc., are all infected with the poison of fraud.” This was in response to the defence claim of adverse impact on FDI of such an action.

Delhi H.C. set aside 10-year-old order of special CBI judge, wherein CBI filed tape-recordings of intercepted calls of an accused, bribing the chairman of Medical council of India for allowing admission into 4th batch of MBBS, in a medical college. The Court further observed that, allowing illegal interception of telephonic conversation as a piece of evidence violates the citizen’s right to privacy and is against the settled principle of the Hon’ble Supreme Court in the case of K.S. Puttaswamy.

Reacting to the acquittal verdict of Kottayam Additional Session’s Court acquitting Franco Mulakkal, stating “This is a case in which the grain and chaff are inextricably mixed up. It is impossible to separate the grain from the chaff. There are exaggerations and embellishments in the version of the victim”, the former Kottayam SP Harishankar, who headed the probe, said he was totally shocked. All the more because, according to Mr. Harishankar, the police had built a water-tight case against the bishop.

Stating that, “Every girl being a citizen of India has a right to live her life peacefully and without any threat to her dignity and life“, Madras HC refused to accept the compromise of the accused, who continuously stalked and harassed the victim in public, with the victim to quash POSCO Act proceedings.