Strategic Consultant
A woman staff member of the West Bengal Raj Bhawan, who had alleged sexual harassment by Governor CV Ananda Bose, has moved the Supreme Court against immunity conferred by Governor under Article 361 of the Constitution. The plea has also sought a thorough investigation into the case by West Bengal police and also prayed for guidelines to be framed with respect to the immunity enjoyed by Governor under Article 361 of the Constitution.
The Karnataka High Court has observed the order by the National Company Law Tribunal (NCLT) restraining a second rights issue by edutech company Byju’s was “cryptic and unreasoned”. The single-judge bench of Justice S R Krishna Kumar set aside the order on Tuesday. The bench observed that NCLT was yet to dispose of allegations of contempt made by investors against Byju’s with regard to its earlier order in February. The matter was then remitted back to NCLT for fresh consideration.
The European Union has stated that Meta’s requirement for users to pay if they don’t want personalized ads does not allow the users right to freely consent to the use of their personal data, and that the social media giant has violated EU’s new competition law, the Digital Markets Act (DMA), by failing to offer them an equivalent service using less of their personal data, as required by DMA.
In a landmark decision, the United States Supreme Court on Monday ruled that former President Donald J. Trump was entitled to absolute immunity from criminal prosecution for acts within his exclusive constitutional authority during his presidency. The court further stated that he was entitled to “at least presumptive immunity” from prosecution for all his “official acts”. It clarified that there was no immunity for unofficial acts. The case has now been returned to the lower court, which will decide whether the actions Trump took were in an official capacity or not. (Trump V. United States)
The Komisi Pengawas Persaingan Usaha (KPPU), also known as the Indonesia Competition Commission, announced on 24 June that the e-commerce giant Shopee and its courier service, Shopee Express, violated anti-competition rules by prioritizing its own courier service and excluding the listing of other delivery products. The Commission observed that this practice limited consumer choice and there Shopee will have to make adjustments to its courier service practices to conform with the Indonesian competition laws.
The Bombay High Court, while pronouncing that the transportation of machinery from JNPT to the factory will not attract GST as it does not constitute supply, observed that the State GST Authority has erroneously imposed the rate of GST without considering that the rate of applicability of tax would get triggered only if a transaction falls within the meaning of the term “supply” as per Section 7 of the Maharashtra Goods and Service Tax Act (MGST Act). (Fabricship Pvt. Ltd. vs. Union of India)
Former Chief Minister of Jharkhand, Hemant Soren, was granted bail by the Jharkhand High Court on 28.06.24 in an alleged money laundering case involving illegal possession of 8.36 acres of land. The Court observed that the statements and allegations of ED were ambiguous as no evidence was found linking Soren to the possession of the concerned land. The Court further observed that the conditions under Section 45 of the Prevention of Money Laundering Act viz. the time conditions, had been satisfied and hence Soren had to be released. (Hemant Soren vs. Directorate Enforcement)
A jury in District Court U.S. held the National Football League (NFL) liable for violating antitrust laws for dispensing out-of-market Sunday afternoon games on a premium subscription service. The jury instructed the league to pay nearly $4 Billion as damages to the residential class and $96 million in damages to commercial class who paid for these out-of-market games from 2011 through 2022 seasons on DirectTV.
A preliminary view of the European Commission has informed Microsoft that they have breached EU antitrust rules by tying its communication and collaboration product Teams to its popular productivity applications included in its suites for businesses Office 365 and Microsoft 365.
Bombay High Court observed that it is in students’ academic interest to implement a dress code and prohibit students from wearing hijabs, nakabs, burkas, caps, etc. on campus of a Mumbai College. (Zainab Abdul Qayyum Choudhary & Ors. v. Chembur Trombay Education Society’s NG Acharya and DK Marathe College and Ors). Justice AS Chandurkar and Justice Rajesh S. Patil, while dismissing a writ petition thereof observed that the sole object of implementing a dress code is that the religious identity of the student is not ought to be revealed and it is in larger academic interest of the student and administration of the institution that this object is achieved.
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Having got one of the global automobiles giants imposed with a fine of Rs. 87 crores amongst other instances, our grip on this sector is complete. KK Sharma Law Offices ('Firm') has dealt with the procurement of services of Car Carrier Trucks by market leader in automobile sector in India and brought the anti-competitive practices to the fore.
The very first investigation in the country into competition law violations was made which resulted in a cascading effect of company after company giving up the claims of loan foreclosure charges in home and car loans across the country, amongst others, were under taken.
When the allegations of cartel were brought before the enforcement machinery against the flexible conveyor belt manufacturers they were clear in their mind that only KKSLO can deal it successfully and, accordingly, they availed our services.
The very first successful instance of cartelisation dealt by the competition agency in the case of Ficci Multiplex Association was very successfully dealt with by the competition agency under the overall supervision of Mr. Sharma.
The very first penalty on the leading stock exchange of the country exceeding Rs.50 Crores was based on the investigation done by the Mr. Sharma. Subsequently, when there were allegations of future trading and guar gum and other similar commodities, for saving the enterprises from huge fines, the Firm was the natural choice for representing these companies.
It may not be that well known no manufactured vehicle can leave the premises of the manufacturer except without being loaded on to the car carrier trucks. When the instances of anti competitive practices came to the fore, the Firm was the first choice to taken services from.
