NEWS & UPDATES

17 Jul 2019

Union Cabinet approves amendment to Insolvency Code stressing on the essence of time for completion of the entire corporate insolvency resolution process

Following the second amendment in the Insolvency and Bankruptcy Code, 2016 being passed by the Union Parliament on 10.08.2018[1] the Union Cabinet on Wednesday cleared a slew of amendments to the Bankruptcy Code with an “aim to fill critical gaps in the corporate insolvency resolution framework as enshrined in the Code, while simultaneously maximizing value from the Corporate Insolvency Resolution Process (CIRP)” as per the press release by the Ministry of corporate affairs dated 17.07.2019.

10 Jul 2019

Cabinet approves the Banning of Unregulated Deposit Schemes Bill, 2019 Bill to be introduced in ensuing session of Parliament

The Union Cabinet, chaired by the Prime Minister Narendra Modi has approved the banning of Unregulated Deposit Schemes Bill, 2019. It will replace the banning of Unregulated Deposit Schemes Ordinance, 2019.

10 Jul 2019

NBFCs are outside the purview of Insolvency and Bankruptcy Code: NCLAT

The National Company Law Appellate Tribunal (“NCLAT”) in the case of HDFC Ltd vs RHC Holding Private ltd on 10/7/2019 held that the a NBFC which is rendering financial services under section 3(16) of the Insolvency and Bankruptcy Code 2016 is outside the scope of the code and therefore petition u/s 7 of Code was rightly rejected by the adjudicating authority.

01 Jul 2019

Allahabad High Court notifies procedure to be followed while filing anticipatory bail applications

Section 483 of the Criminal Procedure Code which had been omitted by the U.P. Government during Emergency, was reinserted only on the 6th June, 2019. According to the Notification, an anticipatory bail application must bear Court fee of Rs.5/- and it must be supported by an affidavit of the person apprehending arrest. Furthermore

30 Jun 2019

The Telecom Disputes Settlement and Appellate Tribunal, New Delhi (TDSAT) allowed Veecon Media and Broadcasting Private Limited (Veecon) to use the name “Tiranga TV” for its news channel, without the logo having saffron and green colours used in the national flag.

This decision of the Tribunal quashed the decision taken by the Union Ministry of Information and Broadcasting on March 27 refusing to sanction the name 'Tiranga TV'. The Ministry had held that it amounted to colourable imitation of national flag and violated the Emblem and Names (Prevention of Improper Use) Act 1950 and Flag Code 2002.

29 Jun 2019

Despite Supreme Court’s reiteration, SBI declines to disclose list of Loan Defaulters under RTI Act

Advocate and Chartered Accountant Nipun Singhvi had sought from State Bank of India, the largest bank in India a list of wilful defaulters declared by it from 2015 to 2019 having default of more than Rs. 1 Crore. The bank denied the information stating that the same includes commercial confidence and is held in fiduciary capacity.

27 Jun 2019

Kerala High Court holds that Additional Chief Judicial Magistrate can entertain Applications under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI)

In KO Anto vs. State of Kerala, Justice Raja Vijayaraghavan considered a petition filed under Article 227 of the Constitution of India challenging Ernakulam ACJM's order under Section 14 of SARFAESI Act and appointment of an Advocate Commissioner to take delivery of the secured assets.

21 Jun 2019

Karnataka High Court while disposing off a batch of almost 300 Writ Petitions held that Disqualification of Directors Under Sec.164(2)(a) Companies Act 2013 For Default Before April 1, 2014 Is Illegal

The petitions challenged the list published by the Ministry of Commercial Affairs in September 2017, disqualifying nearly three lakh directors under Section 164(2) (a) and Section 167(1) (a) for failing to file annual returns and statements for a period of three consecutive years.

20 Jun 2019

Madras High Court holds that Writ Petition is maintainable against Private Body if it has a Public Duty imposed upon it

Justice Pushpa Sathyanarayana allowed a writ petition filed by a lady seeking a direction to a private insurance company to honour an insurance claim in respect of Health Insurance Policy availed by her husband. The claim was rejected by the Insurance Company on the ground that the cause of death of the lady’s husband was not covered under “Major Medical Illness”.

19 Jun 2019

Delhi High Court Expresses Dismay at the Improper Functioning Of Central Administrative Tribunal; Urges Centre to Take 'Remedial Steps'

A bench of Justices Vipin Sanghi and Rajnish Bhatnagar was dismayed at the manner in which the Tribunal was passing cryptic orders to dispose of applications in a display of “total non-application of mind.”Stopping short of ordering audio-video recording of court proceedings of the Tribunal,

19 Jun 2019

Kerala High Court holds that removal of Person from Voter’s List without hearing the Person is Arbitrary

The order was passed by a Single Bench of Justice Shaji P Chaly in a petition filed by one Subair challenging the removal of his name from the voters list of Thiruvananthapuram constituency in the recently held general elections. The Court referred to the proviso of Section 22 of the Representation of People Act 1950

19 Jun 2019

National Consumer Disputes Redressal Commission (NCDRC while upholding order of District Forum and State Commission directed ICICI Prudential Life Insurance Company Limited to pay over Rupees 5 lakh to a Maharashtra Resident, whose claim for reimbursement was rejected

he Claim of the Complainant for reimbursement of Medical Expenses was rejected by the Company on the ground of withholding information from them. The Company held that the Complainant had withheld information about his disease at the time of taking the insurance policy and produced a certificate from Doctor claiming the Complainant had been suffering from Diabetes and Hypertension since the past ten years.

16 Jun 2019

NIA Special Court in Ahmedabad recently pronounced its judgment in the Jet Hijacking Case, making the accused Birju Kishor Salla the first convict under The-Anti Hijacking Act, 2016

The question was whether by preparing and placing the threat note in the tissue- paper box in the Jet Airways Flight No.9W-339, the accused tried to unlawfully and intentionally seize control of/hijack the said Flight, and has thereby committed an offence punishable

15 Jun 2019

Uttar Pradesh Government reinserts provision for Anticipatory Bail which was removed during Emergency

Section 438 Criminal Procedure Code which provides for anticipatory bail was omitted during Emergency in its application to Uttar Pradesh by Section 9 of the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1976 (UP Act No. 16 of 1976).

15 Jun 2019

Kerala HC declares that freedom of student to choose the college of his/her choice is an Aspect of Fundamental Right to Privacy

The division bench comprising the Chief Justice Hrishikesh Roy and Justice AK Jayasankaran Nambiar dismissed the appeal filed by Cochin Institute Of Science And Technology (CISAT) against a single bench order which had held that students cannot be compelled to continue in a college which, according to their perception, would be detrimental to their studies and their career.

13 Jun 2019

The National Company Law Tribunal (NCLT) rejects a plea by a group of homebuyers to treat them as a separate sub-class of creditors at committee of creditors (CoC) meetings for the insolvency resolution of Jaypee Infratech.

The plea sought this classification so that absentee homebuyers’ votes can be factored in as ‘yes’ vote. The judgement stated; “The CoC, taking into consideration Section 21(2) of Insolvency and Bankruptcy Code, 2016, shall comprise all financial creditors, and must be construed as one and cannot be segmented class-wise particularly for the purpose of computation of voting share.”

11 Jun 2019

Amendment- Employee State Insurance Corporation

Via draft rules called the Employees’ State Insurance (Central) (Amendment) Rules, 2019 published on 15th February 2019 by the Ministry of Labour and Employment, Govt. of India has notified the draft of proposed revised/ reduced rates of Employee’s State Insurance (“ESI”) Contribution in respect of Employer Contribution which will be applicable from the 1st of July, 2019.

10 Jun 2019

Maharashtra Government issues mechanisms for redressal of difficulties faced by taxpayers due to technical glitches on the portal of www.mahagst.com site of the Maharashtra Goods and Services Tax Department

The steps are as follows: (i) Create a service ticket through service request functionality available on the department portal (ii) Make an application to the concerned Nodal Officer in the format prescribed which is available in Annexure A of the website (iii) File a separate application for grievances in respect of individual issues.

08 Jun 2019

Delhi High Court imposes Rs. 10 Lakh cost on Policy Bazaar for concealing facts to obtain an ex-parte injunction in a trademark infringement case filed by Acko General Insurance

The case pertained to use of company names in google AdWords which is a very prevalent market practice amongst e-commerce companies. Policy Bazaar issued a legal notice to Acko and before Acko could respond, filed an injunction and got a restraining order against Acko by suppressing facts and misleading the Court.

06 Jun 2019

RBI to Waive All Charges on Fund Transfers via RTGS and NEFT from July 1

The proposal was contained in paragraph No. 8 of the Second Bi-monthly Monetary Policy Statement on Developmental and Regulatory Policies for 2019-20 dated 6th June, 2019 and its implementation from 1st July was given in an 11th June 2019 RBI directive issued under Section 10 (2) read with Section 18 of Payment and Settlement Systems Act 2007 (Act 51 of 2007).

05 Jun 2019

Supreme Court has observed that cognizance of a complaint filed under Section 138 of the Negotiable Instrument Act can be taken by the Court even after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.

The Bench comprising of Justices DY Chandrachud and Hemant Gupta made note of this aspect while quashing a Patna High Court verdict. They have observed that a delay in filing a complaint for cheque bouncing can be condoned if the complainant is able to show sufficient reasons to justify the same.

04 Jun 2019

National Company Law Appellate Tribunal (NCLAT) has allowed banks to declare as non-performing assets the accounts of IL&FS and its group companies that have defaulted on payments

Banks can now declare defaulting accounts of debt-ridden Infrastructure Leasing and Financial Services (IL&FS) and its group companies as non-performing assets, but cannot initiate recovery proceedings.

03 Jun 2019

Bombay High Court has said that 16 % reservation for Maratha community under Socially and Economically Backward Classes (SEBC) category will not be applicable for post-graduate medical courses this year.

The Bombay High Court was of the view that 16 % reservation for Maratha community under Socially and Economically Backward Classes (SEBC) category will not be applicable for post-graduate medical courses in the year 2019.

31 May 2019

Bombay High Court has imposed a fine of Rs. 10 lakh on a 75-year-old businesswoman for filing a “frivolous litigation” against the Brihanmumbai Municipal Corporation (BMC) in relation to two plots of land owned by the civic body in Powai and “wasting precious time of the court”.

The Bench Comprising of justices SC Dharmadhikari and BP Colabawalla, last week, directed the businesswoman, Renuka Batlivala, to pay the amount to BMC within four weeks, failing which, the civic body will recover it as arrears of land revenue.

30 May 2019

Delhi High Court has directed Johnson & Johnson to make an interim payment of Rs. 25 lakh each to four patients, after verifying that they had undergone revision surgeries on receiving faulty hip implants made by the company.

The following matter is listed before the High Court on 29th May and asked Central Drugs Standard Control Organization (CDSCO) to give details of all claimants which were related to the company.

29 May 2019

Supreme Court has slapped cost of Rs. 25,000 on a litigant for filing incorrect translation of a Rajasthan High Court judgment impugned in Special Leave Petition filed by him.

The bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari asked the petitioner to pay a cost of Rs. 25,000. However, subject to payment of costs, the bench permitted the petitioner to file a fresh petition questioning the legality of the impugned judgment provided a proper and correct English translation of the impugned judgment is filed within a period of two weeks.

27 May 2019

Supreme Court has observed that a mother cannot give up rights which vest in the daughter insofar as maintenance and other issues are concerned, during divorce by mutual consent

It was certainly open to the wife to give up any claim so far as maintenance or permanent alimony or stridhan but she could not have given up the rights which vest in the daughter insofar as maintenance and other issues are concerned.

26 May 2019

NCLT refused to stay voting by Committee of Creditors of JaypeeInfratech

NCLT has cleared the way for voting by Committee of Creditors of JaypeeInfratech in which the lenders will vote on the revised offer of NBCC India Limited to acquire the realty firm through insolvency proceedings. However, the final decision of the lenders will be subject to the outcome of an appeal filed by ICICI Bank and other lenders.

25 May 2019

Kerala HC rejected plea for stay for drawing a 110-kV power line over Santhivanam

Kerala High Court has rejected the plea to stay the work being undertaken by the Kerala State Electricity Board (KSEB) for drawing a 110-kV power line over a plot of land known as Santhivanam at North Paravur as the petitioners land did not qualify as a forest land and any deviation from the approved route was neither technically nor economically feasible.

24 May 2019

Uttarakhand HC awaits State’s reply on how to determine sex of a transgender person for conducting investigation

In a case wherein a transgender person was raped, the Uttarakhand High Court has asked the State to answer ifan investigation officer, by conducting DNA tests, determine the sex or gender of a transgender person who underwent gender reassignment surgery and refuse to accept the changed gender.

23 May 2019

Bombay HC questions State Govt. regarding proposed measures for “Serious” issues

Activist Sanjay LakhePatil filed a petition seeking implementation of the 2016 disaster management guidelines and setting up of independent disaster management committees in each district of the state as water levels in dams and other resources had gone down in the state's Vidarbha and Marathwada regions

22 May 2019

Conveyance deeds shall be issued in favour of flat purchasers upon full occupation certificate

Bombay High Court has held that once full occupation certificate has been received by the developer, there was no justifiable cause for it not issuing any conveyance deed in favour of the purchasers of flats and that as per Section 11 of The Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 if the promoter fails to execute such deed then it is a fit case for enforcing unilateral execution of conveyance deed

21 May 2019

SDMC permitted to register BS-IV compliant vehicles with RTO

Supreme Court has permitted South Delhi Municipal Corporation to register 86 of its Bharat Standard (BS-IV-compliant) diesel vehicles with the Regional Transport Office which were required for transportation of garbage to landfills, mechanical sweeping of roads and cleaning of drains via super sucker machines.

11 May 2019

Not allowing Umbrella Cable to seek signals for the territory of Haryana without agreement, TDSAT holds that party desirous of starting operations in fresh areas is required to apply for a fresh interconnection agreement in the prescribed format

That the Petition titled Umbrella Cable System Pvt Ltd vs. Indiacast Media Distribution Pvt. Ltd was filed under Section 14 read with Section 14A of the Telecom Regulatory Authority of India, 1997 seeking the expansion of the area of operation under the Interconnection Agreemen

10 May 2019

TDSAT holds that right to hold an audit once in A calendar year is a valuable right given to the parties and that cannot be disturbed

That the Petition titled Multireach Media Pvt Ltd vs. Sony Pictures Networks India Pvt Ltd was filed under Section 14 read with Section 14A of the Telecom Regulatory Authority of India, 1997 seeking directions for restraining the Respondent from giving effect to the disconnection notices issued by it to the Petitioner.

08 May 2019

The Hon’ble Supreme Court decides when it can get into the question of re-Appreciation of evidence

The present appeal arose from the judgement dated 05.03.2009 passed by the High court of Gujarat at Ahmedabad in Criminal Appeal No. 10 of 2001 in which the High court had affirmed the conviction of the Appellant/Accused No.1 under section 302 IPC read with section 34 IPC along with the sentence imposed.

07 May 2019

Flat Buyers of Lotus Boulevard and Lotus Panache in Noida closer to relief: Builders Purvanchal and Jaipuria have qualified to put forward proposal to complete 3500 flats pending completion

In matter that is pending before the Ld. National Company Law Tribunal regarding the non completion and delivery of about 3500 apartments by the 3C Company and its SPV Granite Gate, after the due appointment of an Insolvency Resolution Professional

04 May 2019

TDSAT allows audit of MSO Systems for the first time since the kick in of the new TRAI Regulation Framework

In a first since TRAI’s new Regulations and Tariff Orders have kicked in, the Ld. Telecom Disputes Settlement and Appellate Authority allows a Broadcaster to audit the conditional access systems of Multi System Operators’ (MSOs) Digicablecomm and Multireach Systems.

24 Apr 2019

NCLT imposes file on CaratLane Trading for not constituting a Nomination and Remuneration Committee in terms of Companies Act, 2013

National Company Law Tribunal (NCLT) has imposed a fine on CaratLane Trading Pvt. Ltd., a Tata Group company and subsidiary of Titan, for not constituting a nomination and remuneration committee in 2016 — as mandated under Section 178 of the Companies Act, 2013.

24 Apr 2019

Apex Court asks lawyer Utsav Bhasin to furnish his affidavit and information regarding his claims on the frame attempt on CJI by a group of Supreme Court Fixer

Supreme Court has asked a Punjab-based lawyer to furnish material in support of his claim that there was a conspiracy to frame Chief Justice Ranjan Gogoi in a sexual harassment allegation raised by a sacked Supreme Court employee. This was after the sensational claims made by Lawyer Utsav Bhasin on his Facebook post and then via Affidavit in the Supreme Court..

23 Apr 2019

Delhi High Court directs Delhi Government to give admission to 130 students in government schools who were denied the same on various grounds including lack of Aadhar

Delhi High Court has asked Delhi Government to give admission to 130 students, who were denied admissions various grounds including lack of Aadhaar, in government schools.

22 Apr 2019

Failing to appear in a criminal defamation case, Delhi Court issues bailable warrants against Delhi CM Arvind Kejriwal, his aide Manish Sisodia and former aide Yogendra Yadav

A Delhi Court has issued non-bailable warrants against Chief Minister Arvind Kejriwal, his deputy Manish Sisodia and Swaraj India president Yogendra Yadav for failing to appear before it in a criminal defamation complaint filed in 2013 by a ticket aspirant.

21 Apr 2019

Bombay High Court rules that a woman cannot seek relief under Domestic Violence Act after they cease to be husband and wife

Bombay High Court has ruled that a woman cannot seek relief under the Domestic Violence Act against her divorced husband, as after divorce there is no husband-wife relationship between two individuals.

20 Apr 2019

Bombay High Court holds that IT notice sent in the name of a dead person is invalid

Bombay High Court has held that income tax notice sent in the name of a dead person is invalid though the information regarding the death was not given to the Assessing Officer before issuing of notice.

17 Apr 2019

Bombay High Court refuses to intervene in Jet Airways Case, states it cant compel government to rescue a sick company

16 Apr 2019

Demand Notice under Section 138 of NI Act claiming loan amount is not invalid if the amount is covered under dishonoured cheque: Supreme Court

Supreme Court has observed that a demand notice issued under Section 138 of Negotiable Instruments Act claiming 'loan amount', does not become invalid, if it is same as the amount covered under the dishonoured cheque(s).

15 Apr 2019

Apex Court States that mental illness developed post conviction maybe a mitigating factor in sparing them the Death Penalty

Supreme Court has said that, mental illness of people on death row, if developed post conviction, would now be a mitigating factor for appellate courts for sparing them from gallows.

15 Apr 2019

Bata fined Rs. 9000 for charging a customer Rs 3 for a carry bag

A Chandigarh consumer forum has slapped a penalty of Rs 9,000 on retail brand Bata India Ltd for asking a consumer to pay Rs 3 for a paper bag.

26 Mar 2019

Apple ventures into the Television space with Apple TV

Apple is moving beyond gadgets by launchimg it's very own Apple TV+, which is an original subscription-based video service. This is Apple's first foray into the Over The Top Content service.

24 Mar 2019

Delhi High Court dismisses suits filed by Crocs, holds that suit for passing off solely on basis of Design Act not Maintainable

Delhi High Court has dismissed suits filed by multinational footwear manufacturer Crocs and held that suit for action against passing off solely based on a design registered under the Designs Act, 2000 is not maintainable.

18 Mar 2019

Apex Court directs Delhi Government to release Rs 265 Crore for RRTS in NCR-Meerut to de-congest Delhi traffic

Supreme Court has directed Delhi government to release Rs. 265 crore for Delhi-Ghaziabad-Meerut Regional Rapid Transit System (RRTS) to de-congest traffic on Delhi roads.

15 Mar 2019

Apex Court Passes an Order blocking an Amendment to Punjab Land Preservation Act to save Aravali Forests

Supreme Court has stayed Haryana Government's decision of amending Punjab Land Preservation Act (LPA) which allows construction in sections of ecologically sensitive Aravalis and asked not to enact the law that opens thousands of acres for construction purpose in Aravali forests.

12 Mar 2019

MIB Mulls on National Broadcast Policy

The Ministry Of Information And Broadcasting (MIB) in consonance with the Federation of Indian Chambers of Commerce & Industry (FICCI) is aiming for a National Broadcast Policy for India. MIB secretary Shir Amit Khare proposes that the said draft of the National Broadcast Policy will be prepared in consultation with key stakeholders.

11 Mar 2019

Delhi High Court has fined Couple for empoying minor for household work – directs them to plant 100 trees

Delhi High Court has agreed to quash a complaint against a couple, who had employed a minor for household work, and directed them to plant 100 trees and pay Rs. 1.5 lakh to the victim.

10 Mar 2019

New Tariff Order to Provide Bigger Challenge to Standalone and Niche Channels

Given the Broadcasting Television industry is still a B2B2C business. It is not yet a B2C business unlike OTT major stakeholders believe that Stand-alone and niche channels will face a big challenge in the advent of the new tariff order and regulations by TRAI as in television one still goes through a distribution platform.

07 Mar 2019

Apex Court Refers the Ayodhya- Babri title dispute to mediators - former SC judge Justice F M Kalifullah and comprising Sri Sri Ravi Sankar and Senior Advocate Sriram Panchu

Supreme Court has decided to refer Ayodhya-Babri Masjid title dispute case for mediation and constituted a panel of mediators headed by former SC judge Justice F M Kalifullah and comprising Sri Sri Ravi Sankar and Senior Advocate Sriram Panchu

06 Mar 2019

K&T Law Offices proud to be part of Seminar organized by Telecom Disputes Settlement and Appellate Authority (The Tribunal) on Dispute Resolution in Broadcasting and Cyber Sectors – Issues and Way Forward

On 19th February, 2019, K&T Law Offices was proud to be part of the seminar organized by Telecom Disputes Settlement and Appellate Authority (The Tribunal) on Dispute Resolution in Broadcasting and Cyber Sectors – Issues and Way Forward wherein we were ably represented by our Managing Partner Ms. Payal Kakra.

25 Feb 2019

Delhi High Court asks Centre as to how it gave retrospective effect to Black Money Law enacted in April 2016

Delhi High Court has asked Centre as to how it gave retrospective effect - from July 2015 - to black money law which was enacted in April 2016 to deal with undisclosed foreign income and assets.

23 Feb 2019

Apex Court allows for open court hearing of the Rafale Review Petitions

Supreme Court has allowed open court hearing of Rafale review petitions against its December 14, 2018, judgment in which it had refused to order a probe into the deal to procure 36 Rafale fighter planes from France.

22 Feb 2019

DIPP formulates draft National e- commerce policy which is now available for public comments

Department for Promotion of Industry and Internal Trade has formulated a draft National e- Commerce Policy, with a view to enable the country to reap benefits of rapid digitization of domestic & global economy.

22 Feb 2019

Rummy is a game that involves considerable skill, not gambling says Kerala High Court

Kerala High Court has held that rummy is a game of skill and playing it for innocent pastime is not an offence but playing rummy for stakes is an offence under the Kerala Gaming Act 1960.

22 Feb 2019

Civil court has no jurisdiction to try civil suits which are subject to Urban Land Ceiling Act Proceedings

Supreme Court has held that a Civil Court has no jurisdiction to try civil suit in relation to land which is subject to ceiling proceedings under Urban Land Ceiling Act.

19 Feb 2019

Apex Court refuses to entertain plea seeking court monitored investigation of Mirage 2000 crash

Supreme Court has refused to entertain a petition seeking court-monitored investigation into incidents of fighter plane crashes including recent crash of Mirage-2000 trainer aircraft near Bengaluru in which two Indian Air Force (IAF) pilots were killed and said Supreme Court cannot undertake judicial enquiry into mishappenings involving fighter jets.

18 Feb 2019

TRAI clarifies in it's Press Note that Prasar Bharti is only allowed to retransmit signals of the India Australia T20 series on it's Platforms and not share the same with Private Cable Operators

New Delhi, 25th February, 2019: The attention of the Authority has been drawn to the reports circulating in certain sections of the media and other social platforms yesterday, i.e., on 24.02.2019 that the recent T20I Cricket matches being played between India and Australia are not being telecast by the Cable Networks because of the implementation of the new regulatory framework prescribed by TRAI.

17 Feb 2019

Direction to state government has been issued by Apex Court to ensure scrapped Section 66A of the IT Act is not invoked by them

Supreme Court has directed all state governments to remind their respective police departments of its March 24, 2005 order which led to scrapping of Section 66A of the Information Technology (IT) Act and asked to ensure that Section 66A of IT Act is not invoked.

15 Feb 2019

High Courts under Section 482 can examine whether a matter is civil and being given cloak of a criminal matter

Supreme Court has reiterated that a high court, while exercising jurisdiction under 482 of the Code of Criminal Procedure, can examine whether a matter which is essentially of a civil nature has been given a cloak of a criminal offence.

13 Feb 2019

Government of India eases norms on start-ups by relaxing eligibility criteria and tax limits

The Central Government has given in to the increasing demands for revising the definition and scope of angel tax. An entity shall be considered a startup upto 10 years from its date of incorporation / registration instead of the extant period of 7 years.

12 Feb 2019

Delhi High Court approves plan to revamp the Tis Hazari Court Complex, directs Delhi Govt to take action

Delhi High Court has approved plan to revamp capital’s Tis Hazari court complex and asked state government to start acting on it immediately.

12 Feb 2019

The Apex Court has warned Unitech Limited for not cooperating with Forensic Auditors during their Insolvency proceedings

Supreme Court has pulled up Unitech Limited for not cooperating with forensic auditors it had appointed and warned the company of initiating contempt proceedings for obstructing judicial work.

11 Feb 2019

The Hon’ble Supreme Court Upholds the Constitutional Validity of key provisions of the Insolvency and Bankruptcy Code in its Swiss Ribbons Judgment

The Hon’ble Supreme Court while stating that the Code does have its flaws, it is an economic / financial legislation that will face challenges and amendments but as a legislation has been enacted with an intent to improve overall financial health of the nation and is thus good enough to pass the Constitutional muster.

10 Feb 2019

Delhi High Court sets aside Centre's notifications banning manufacture & sale of type 2 diabetes meds in patients who don't show improvement

Delhi High Court has set aside Centre's notifications banning manufacture and sale of fixed drug combinations (FDCs) used for treatment of Type-2 diabetes mellitus in patients who do not show improvement or glycemic control with diet, exercise and usage of dual therapy.

10 Feb 2019

The Apex Court asks Bihar Government as to why it has been providing just one boiled egg a week under Midday meal when the mandate is to provide milk or egg 5 days a week

Supreme Court has asked Bihar Government why it has been providing just one boiled egg a week to school children under the midday meal scheme when it had ordered all governments in drought affected states to provide egg or milk five days a week.

08 Feb 2019

Apex Court has held that it is mandatory legal requirement to specify whether sentences would run concurrently or consecutively

Supreme Court has held that it is a mandatory legal requirement to specify whether sentences awarded to an accused convicted for two or more offences, would run concurrently or consecutively.

03 Feb 2019

CIC pulls up RBI for perfuctory handling of RTI Applications seeking records of it's Board meetings during DeMo

Central Information Commission has pulled up Reserve Bank of India for "perfunctory handling" of an RTI application seeking records of its board meetings, where the issue of demonetisation was deliberated, and issued a show-cause notice to its Central Public Information Officer.

01 Feb 2019

Apex Court admits High Courts have limited powers to interfere in CBI investigations which are matters of national importance

Supreme Court has ruled that high Court in states have limited power to order CBI probe as CBI was created to investigate corruption and cases of national importance.

30 Jan 2019

Supreme Court comes down hard on those making a mockery of professional education

Supreme Court has said it would not allow anyone to make a mockery of medical and legal education in the country and warned of stringent steps against those who play with its quality.

28 Jan 2019

TRAI proposed inter operability in Set Top Boxes for different Platforms

“Rest assured, we will make inter-operable set-top boxes (STBs) happen,” Telecom Regulatory Authority of India chief RS Sharma told Times of India, adding the goal was to achieve this within a year.

25 Jan 2019

The Ministry of Information and Broadcasting Increases Rates of Advertising to Broadcasters

Vide its Notification dated 25.01.2019, the Ministry of Information & Broadcasting has taken a decision to revise the advertisement rates offered by the Bureau of Outreach and Communication (BOC) to private TV channels.

25 Jan 2019

Hon’ble Supreme Court Upholds the Constitutional Validity of the Insolvency and Bankruptcy Code in the Essar Steel Matter

Vide its judgment dated 25.01.2018, the Hon’ble Supreme Court sets two provisions in place. Firstly, Section 29A of the Insolvency and Bankruptcy Code bars existing promoters of an insolvent firm from participating in bidding. On the other hand Section 12A

24 Jan 2019

TRAI Releases Direction to Service Providers regarding Implementation of New Regulatory Framework for Broadcasting & Cable Service despite pendency of Writ in the Delhi High Court

Telecom Regulatory Authority of India (TRAI), in March, 2017, notified the new regulatory framework for Broadcasting and Cable services, comprising of the (i) Telecommunication (Broadcasting and Cable) Services (Eighth)(Addressable Systems) Tariff Order, 2017, (ii) Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 and (iii) Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Subscriber Protection (Addressable Systems) Regulations, 2017.

19 Jan 2019

Prasar Bharti Releases New Policy for Allotment of Slots of DD Free Dish DTH Platform for Satellite Channels alongwith inviting applications from eligible satellite TV channels for allotment of slots of DD Free Dish DTH Platform through 38th on line e-auction process

This exercise has been done in furtherance of Order dated 27.10.2017 of the Hon’ble Telecom Disputes Settlement and Appellate Authority in Broadcasting Petition 391 of 2017 wherein the Tribunal directed Prasar Bharti (Respondent) to come out with a new policy for allotment of slots of DD Free Dish

03 Jan 2019

The Hon’ble Supreme Court dismisses appeal of TRAI seeking Clarification on its own Regulations

The Hon’ble Division Bench of the Supreme Court refused to entertain an appeal filed by Telecom Regulatory Authority of India (TRAI) against its own Regulations and Tariff Order seeking clarification on the provision of

29 Dec 2018

TRAI issues FAQs on the new regulatory framework for the broadcasting sector

As the D-Day for the execution of the new regulatory framework nears, the Telecom Regulatory Authority of India (TRAI) has published a rundown of Frequently Asked Questions (FAQs) on the new system so as to clear questions in the mind of the consumers.

20 Dec 2018

Tata Sky gets relief from implementing TRAI tariff order, regulation till 10 Jan

Direct to home (DTH) operator Tata Sky obtained relief from the Delhi High Court as the Telecom Regulatory Authority of India (TRAI) has assured that it won’t make any coercive move against the DTH operator.

18 Dec 2018

Plea in SC Challenges Laws Regularizing Entry and Stay of Persecuted Communities from Pakistan, Bangladesh, Afghanistan in India

An appeal has been filed in the Hon’ble Supreme Court of India challenging rules and notification which regularize the entry and stay of individuals from six communities which case to be victims of religious mistreatment and prosecution in their very own nations in India.

13 Dec 2018

TDSAT dismisses TRAI Tariff Order on predatory pricing due to lack of "transparency"

In a relief to Telecom Operators, The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) vide its Order dated 13.12.2018 dismissed the telecom regulator's order dated February 16, 2018 on predatory pricing due to lack of "transparency".

06 Dec 2018

Penalty for Cruelty to Animals to be hiked by 120 times

The Central Government is taking steps to amend the animal welfare laws and have finally taken the decision to amnend the highest fine of cruelty towards animals from a paltry penalty of Rs. 50 to a more respectable sum of Rs. 6000.

27 Nov 2018

Leading MSOs declare carriage as time for enforcement of TRAI regulations on broadcasting draws near

Given that the date of compliance of the TRAI Regulations draws closer the last date for which is 29.11.2018. The top Multi System Operators (MSOs) of the country such as Hathway Cable & Datacom, DEN Networks, Siti Networks, IndusInd Media and Communications Ltd (InDigital), GTPL Hathway,

19 Nov 2018

After Sony, Star spars with Dish TV by issuing them a disconnection notice over non payment of Subscription Fee

Star has issued disconnection notice to DTH Operator Dish TV over non payment of subscription dues, non signing of interconnect agreement which leads to a non compliance of an agreement signed between the parties.

17 Nov 2018

Big news for the TV Industry stakeholders as DEN, Hathway shareholders approve stake acquisition by Reliance

After Reliance Industries Limited gave its go ahead to acquire controlling stakes in DEN Networks and Hathway Cable and Datacom as part of its plan to launch JioGigaFiber in 50 million homes, the Mukesh Ambani-led company have pledged in Rs 5,230 crore to take control of the two companies.

13 Nov 2018

TRAI issues Consultation Paper for including OTT Services in its Regulatory Framework

Telecom Regulatory Authority of India (TRAI) has released a Consultation Paper on 'Regulatory Framework for Over The Top (OTT) Communication Services'. OTT services could theoretically be considered in the broadest sense to mean all online services (for instance, e-commerce platforms or applications offering aggregating services)

10 Nov 2018

TRAI note states regulations, Tariff order commence on 3rd July, 2018 to now be completed by broadcasters in terms of the recent Supreme Court dismissal of the appeal

All the timelines as prescribed in the Tariff Order, Interconnection Regulations and Quality of Services Regulations have commenced from the 3rd of July, 2018 and therefore, all the Service Providers are required to comply with the provisions

26 Oct 2018

Ruias offer Rs. 54, 389 Crore Repayment Proposal under Insolvency and Bankruptcy Code for Essar Steel with no haircut to Creditors

For Ruia Control over the company to remain, the promoters offered to pay lenders of Essar Steel Rs 54,389 crore including Rs 47,507 crore upfront cash payment to clear all dues and pull out the firm from insolvency proceedings. The offer even betters Rs 42,202 crore offered by the world's largest steel producer Arcelor Mittal.

24 Oct 2018

Central Government mulls mandating the live broadcasting signal of sporting events of “national importance” be simultaneously shared without its advertisements with the Prasar Bharati, releases consultation

Feedback/comments on Draft Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) (Amendment) Bill, 2018 Ministry of Information and Broadcasting New Delhi Date: 17th October, 2018 The Sports Broadcasting Signals (Mandatory Sharing With Prasar Bharati) Act, 2007 (In short Sports Act)

09 Oct 2018

Sony approaches TDSAT claiming losses after Disconnection of 32 Channels by Tata Sky, Starts an Ad Campaign for Consumer awareness

The deadlock between Tata Sky and Sony Pictures Networks India (SPN) went into muddy waters when the direct-to-home (DTH) platform removed 32 channels of Sony Pictures Networks India (SPN) and three from the India Today Network because the negotiations on the Reference Interconnect Agreement between parties could not reach a suitable conclusion.

08 Oct 2018

Online Content May Be Subject To Censorship Norms After Bombay High Court Issues Notice To The Centre in a PIL

The freedom of expression enjoyed by web series makers on Platforms such as Netflix, Amazon Prime, Hotstar, Sony Liv etc. could soon be censored for showcasing inappropriate content. The Bombay High Court issued a notice to the Centre to set up a pre-screening panel for curbing nudity, violence and unsavoury language, besides monitoring ads before they go on air.

04 Oct 2018

NCLT and NCLAT should refrain from interfering in insolvency resolution proceedings by the Interim Resolution Professional and the Committee of Creditors: Supreme Court

The Hon’ble Supreme Court has held that the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) should refrain from interfering in insolvency resolution proceedings by the Interim Resolution Professional and the Committee of Creditors of the lender banks of a sick enterprise under the Insolvency and Bankruptcy Code.

28 Sep 2018

Apex court Allows Entry of Women of all Ages into Sabarimala Temple

The Supreme Court allowed the entry of women of all ages into the Sabarimala temple. The court held that the right to worship was given to all devotees and there cannot be any discrimination on the basis of one’s gender.

27 Sep 2018

Apex Court Decriminalizes the Provision of Adultery in the Indian Penal Code

The Hon’ble Supreme Court after reserving its verdict on the validity of the offence of Adultery defined under Section 497 of the Indian Penal Code held that the offence of Adultery as enshrined is unconstitutional and decriminalized the same as it is based on the idea of treating a woman

26 Sep 2018

To link or not to link - Supreme Court demystifies the Aadhaar Challenge

The constitutional bench of Hon’ble Supreme Court while upholding the constitutional validity of the Aadhaar Scheme, clearly demarcated the services which required linking with the scheme and those which were exempt from the same.

25 Sep 2018

The Apex Court Decides That MPS, MLAS Not Barred From Practicing Law

The Hon’ble Supreme Court ruled that members of Parliament and Members of Legislative Assembly cannot be barred from practising law.

20 Sep 2018

Hon’ble Supreme Court adjourns the star’s challenge to TRAI regulations due to paucity of time, adjourns matter to 22nd october

The Hon’ble Supreme Court on the hearing dated 18.09.2018 has adjourned the Star India versus Telecom Regulatory Authority of India (TRAI) matter to 22 October as the bench of Justice Rohinton Fali Nariman and Justice Indu Malhotra could not take up the matter.

19 Sep 2018

Broadcasters required to file monthly teleport reports as per recent MIB direction

The Ministry of Information and broadcasting in its notice dated 19.09.2018 informed all the stakeholders that the online module for filing monthly teleport reports was now available

16 Sep 2018

Uttarakhand High court recommends restoration of Anticipatory Bail in the State

Uttarakhand High court recommends restoration of Anticipatory Bail in the State while observing that even if FIR is false and frivolous, a person has to go to jail

10 Sep 2018

Rescue plans for stressed assets in power sector

As per the 37th standing committee on energy report there are a total of 34 power projects which have been labelled as “stressed/non- performing” by the respective lending banks in consonance with the RBI guidelines.

06 Sep 2018

Homosexuality Not A Crime Anymore stated the Hon’ble Supreme Court upholding their Individual Rights and Right to Privacy

After the August 2017 ruling of the Hon’ble Apex Court that every individual has a fundamental right to privacy, which is a part of their right to life, the Hon’ble Apex Court reiterated the same while pronouncing the judgement decriminalising intercourse between consenting adults of the same sex ..

31 Aug 2018

Circular on Non-disclosure of morphed/blurred photographs of victims of sexual abuse issued by MIB following Apex court’s order.

Following the directions issued by the Hon’ble Supreme Court the Ministry of Information and Broadcasting issued a circular dated 30.08.2018 with regard to the order dated 7.08.2018 passed by the Apex Court seeking compliance from all private satellite TV Channels that the photographs of victims of sexual abuse in Bihar

03 Aug 2018

K&T Law Offices recently conducted a Workshop for a leading News Channel on Intellectual Property Implications in Showcasing of News in India

K&T Law Offices recently conducted a Workshop for a leading News Channel on Intellectual Property Implications in Showcasing of News in India.

03 Aug 2018

Challenge to the TRAI Regulations made in Delhi High Court- Stay not granted to Direct to Home (DTH) Operators due to pendency of the Challenge to the Regulations on the issue of Copyright in the Hon’ble Supreme Court

The matter was listed before the division bench of Delhi High Court comprising of justice Sanjiv Khanna and Justice Chander Shekhar.

23 Apr 2018

Relief by Director General of Anti Dumping to importers of Digital Offset Printing Plates in April 2018; K&T Law Offices appeared for an interested party against Domestic Giant and sole producer of the Product

The Director General of Anti Dumping (“DGAD”) has removed the levy of Anti Dumping Duty (“ADD”) on Digital Offset Printing Plates which has come as a major relief for importers of the Product.

15 Nov 2017

K&T Law Offices secures landmark Order in TDSAT providing interim Wow Cinema and other similarly placed Broadcasters for interim arrangement on Prasar Bharti’s DD Free Dish slots

A case of arbitrary policy making by Prasar Bharti (more commonly known for its Channel Doordarshan and its free dish platform DD Free dish) was adjudicated upon by Ld. Telecom Disputes Settlement and Appellate Tribunal (TDSAT) upon Petition filed by Broadcaster Cinema 24x7 against the displacement of its channel WOW Cinema on the platform DD Free Dish and the Ld.

12 May 2017

Landmark Order in TDSAT on 01.05.2016

“In respect of a matter of Outstanding Dues between the parties wherein the final amount prayed for was around Rs. 2.40 Crore, the Hon’ble TDSAT in respect of an interim prayer made on behalf of the Petitioner that atleast an amount of Rs. 60 lakhs be directed to be paid by the respondent to the petitioner in lieu of dishonoured for insufficient funds was pleased to grant the same.”

25 Apr 2017

Expert Advisory to Oil & Gas Sector

The firm has a fair amount of experience in the Oil and Gas sector wherein it provides: End to end solutions for Oil and Gas Companies Interface with the regulatory authorities in the Oil and Gas Sector

23 Apr 2017

John Doe Suits

Our team has successfully obtained John Doe injunction orders from the Hon’ble High Courts for Broadcasters in connection with the major Sporting and Live Events of the Channels.

20 Apr 2017

Team’s participation as Speaker at Workshops/Seminars organised by different organisations including Delhi Management Association on “Empowerment of Women Employees” & “Prevention of Sexual harassment