Legal Pulse

The law ministry has advised against the setting up of the National Company Law Appellate Tribunal (NCLAT) to chair which recently retired Supreme Court justice KS Radhakrishnan’s name had been recommended, reported the Express.

The reported reason for this advice was that the National Company Law Tribunal – appeals from which would go to the NCLAT – had not yet been established.

On shooting down Radhakrishnan’s name recommendation the law ministry said that the name had to be approved by the Chief Justice of India (CJI), and also advised against appointing two judicial members to the yet-to-be constituted Tribunal, which is a statutory requirement under the new Companies Act.

TMT Law Practice advised pro bono and won for spiritual guru Osho’s Pune-based organisations. The organisations - Osho Friends International and Osho World Foundation – succeeded in dissolving all existing and pending Osho trademarks of their Swiss copycat Osho International Foundation (OIF) and in getting OIF’s entire board of directors recalled.

The Maharashtra government is dropping a provision in the Bombay Police Act 1951 that allowed dance performances in “exempted” establishments like three-star and five-star hotels but banned it elsewhere, and proposing to have a blanket ban on dance bars in the state, reversing the Supreme Court’s July 2013 ruling, reported the Express.

The Supreme Court had categorically told the state in its July ruling that the restrictions on dance bars in the Bombay Police Act were not reasonable under Article 14 of the Constitution, and that it would be better to bring about safety measures and improve working conditions for dance bar girls.

In the aftermath of the Pune riots and murder of a techie, Partha Pati and Sanjana Sinharoy of Abhay Nevagi and Associates in Pune explain the cases and facts to bear in mind in riot prosecutions.

The Competition Appellate Tribunal (COMPAT) upheld for the owners’ associations of luxury housing projects over the Competition Commission of India’s (CCI) Rs 630 crore penalty on real estate giant DLF.

The upcoming curative petition against the reversal of Naz has equally, if not more, dismal prospects of bringing a desired result as the review of that judgment which was dismissed unsurprisingly, argues Delhi advocate Chetan Gupta.

The Institute of Company Secretaries of India (ICSI) has written to the Ministry of Corporate Affairs (MCA) against the newly notified Companies Act sections, some of which are potentially “fatal to the profession of Company Secretaries” in India.

Verus Advocates partner Jay Parikh explains why the Reserve Bank of India recently announced it won’t dictate valuation of shares for foreign investors anymore.

The Competition Commission of India (CCI) has fined real estate developer DLF Rs 2.41 crore under section 42 of the Competition Act for violating an earlier order of the CCI under section 27, ordering DLF to stop imposing unfair conditions in its agreements with flat buyers in its Magnolia development. [Mint] [CCI Order]

A week ago, a CCI order was published fining Google Rs 1 crore for 'procrastinating' on its cooperating with a CCI investigation.

The Competition Commission of India order fining Google Rs 1 crore for not cooperating with its anti-trust investigation has just been published by the CCI.