UCC tabled in Uttarakhand State Legislative Assembly seeks to bring stringent regulation of live-in relationship

A Uniform Civil Code (UCC) Bill has been tabled before the Uttarakhand State Legislative Assembly which brings to streamline & uniform the laws related to marriage, divorce, succession & live-in relationships. The Bill was introduced in a special assembly session convened mainly for the purpose of introducing the UCC Bill. The proposed UCC Bill seeks to impose stringent provisions for failure of parties to register their live-in relationships with the district officials, along with, right of the woman to seek maintenance on ground of being deserted by her live-in partner & legitimacy of child born out the live-in relationship.

Adopted son of a Muslim man entitled to inherit property

The Patiala House Courts in Delhi (Patiala House Court), while dismissing a partition suit filed by the brother seeking share in his deceased brother’s property on the ground that his deceased brother had no biological son, has held that, notwithstanding the Shariat Law, a Muslim man who has not filed a declaration under Section 3 of the Muslim Personal Law (Shariat) Application Act, 1937 (Shariat) is entitled to adopt the child, who would have the same rights as that of a legitimate child of adoptive parents. The Patiala House Court further noted that, the consequence of not making a declaration u/S.3 of Shariat Act is that the said adoption will be governed by general law of the land & not by Shariat Law.

Google to face trial in U.S. over allegations of search-engine default conditions

The United States Department of Justice (DoJ) is set to begin trial against Google over its abuse of dominance practice in general search engine market in the U.S. The present case relates to agreements between Google & smartphone OEMs (Samsung & Apple) through which Google was able to secure its position as the ‘default’ search engine on the smartphones manufactured by the OEMs. The prosecution is seeking divestment of Google’s Ad manager suite as a remedy in the present case.

‘Re-tweeting’ defamatory imputation amounts to “publication” under S.499 IPC

The Delhi High Court (DHC) while dealing with a petition under S.482 IPC for quashing of the summoning order passed by the trial court against the Delhi Chief Minister for retweeting a defamatory content from his Twitter (X) account, has held that, “a person retweeting a defamatory content, which has the potential of causing reputational injury to a person, cannot wriggle out of his responsibility by merely contending that it was a retweet and not the original tweet”. The DHC, while dismissing the petition, further noted that, when a public figure with a political standing, “…tweets or retweets a defamatory post, the stakes and repercussions escalate given the broader implications on society”.

JFTC allows the proposed acquisition of Asiana Airlines by Korean Air subject to remedies proposed

The Japan Fair Trade Commission (JFTC) has approved the proposed acquisition of Asiana Airlines Inc. by Korean Air Co., Ltd. subject to divestment of slots held by either of the parties on the overlapping routes at the airports & divestment of global air cargo business of Asiana Airlines operated by its dedicated freighters to an independent third party. The JFTC further ruled that, in order to avoid any immediate substantial lessening of competition in the market, the parties shall take necessary measures to maintain competition, until, the expansion or entry of the potential competitors becomes a reality.

High Courts competent to decide on quashing petition, even if the charge-sheet filed during pendency of the petition: SC

The Supreme Court (SC), while dealing with an appeal filed against the order of the High Court which dismissed the quashing petition of the accused on the ground that the charge-sheet was filed during the pendency of the petition, has held that, even if the chargesheet is filed against the accused during pendency of the quashing petition, then also the High Court is empowered to examine if the offences allegedly committed were prima facie made out or not on the basis of F.I.R., chargesheet and other documents. Thus, the SC allowed the appeal and remitted the matter back to the High Court.

CMA investigates Vifor Pharma for suspected of restriction of competition in iron deficiency treatment market

The UK Consumer & Market’s Authority (CMA) has launched an investigation against Vifor Pharma (Vifor) for allegations of engaging in an anti-competitive conduct in the market for supply of intravenous (IV) iron deficiency treatments. According to CMA, in order to promote its IV iron deficiency offering – Ferinject, Vifor has been restricting competition by making misleading claims to the healthcare professionals regarding the lack of safety & effectives of a rival high-dose IV iron deficiency treatment – Monofer, supplied by the company Pharmacosmos.

Adultery cannot be the sole ground to deny custody of child: DHC

The Delhi High Court (DHC), while dealing with the cross-appeals filed by the husband & wife against the order granting joint-custody of the children passed by the family court, has held that any adulterous relationship of either of the spouse, cannot be the sole determining factor to deny a child’s custody, unless, it is proved that the adulterous relationship is detrimental to the welfare of the child. The DHC further noted that, points for consideration in divorce proceedings & custody matter might be co-related, but are always mutually exclusive.

CCI dismisses a case alleging AoD by Electric Two-wheeler manufacturer

The Competition Commission of India (CCI) has dismissed a case alleging abuse of dominant position by four Electric Two-wheeler (ETW) manufacturers – Ola Electric Ltd., VIDA Hero Moto Corp Ltd., TVS Motors & Ather Energy Pvt. Ltd., by deliberately under-pricing by keeping the maximum ex-factory price of their ETWs under INR 1.5 Lac, while selling integral equipment such as charger and proprietary software/ upgrades at an additional cost, so as to wrongly avail the government subsidy provided under Faster Adoption and Manufacturing of Electric & Hybrid Vehicles Policy (FAME policy). However, the CCI, considering the nascent stage of EV two-wheeler market & presence of other major manufacturers like Okinawa, Ampere, RGM, Booma Innovative & Chandana Corporation, was of the opinion that none of the players appears to exert market power or position of strength, hence, cannot be said to have a dominant position in the market.

Whether debt is time-barred is based on evidence, cannot be decided in a S.482 Cr.P.C. petition: SC

The Supreme Court, while dealing with an appeal filed by the complainant against the order of the Delhi High Court (DHC) in which the DHC has quashed the summoning order of the trial court in a Section 138 of the Negotiable Instruments Act, 1881 offence on the ground of it being a time-barred debt, has held that, “classification of the underlying debt or liability as being barred by limitation is a question that must be decided based on the evidence adduced by the parties”, which is a mixed question of fact & law & cannot be decided by High Courts in a petition under Section 482 of the Code of Criminal Procedure, 1973.