No arrest under Sec.66A of Information Technology Act without approval

The Supreme Court of India has directed all state governments to implement the Indian government guidelines which require the approval of a senior police official before arresting any person for posting defamatory content on social networking platforms like Facebook and Twitter. The Indian Government had issued these guidelines in November 2012, which mandated the approval from an officer of DCP (Deputy Commissioner of Police) level in the rural areas and of IG (Inspector General) level in the metros before registering complaints under Section 66 (A) of the IT Act.The government had informed that this decision was taken to prevent the misuse of Sec 66A, after several incidents of the misuse of the act was reported in the country in the preceding months.

Arbitration now a preferred ADR mechanism in India: Survey (PwC survey on Corporate Attitudes and Practices towards Arbitration in India)

The top three factors that make arbitration the most preferred dispute resolution mechanism include - speed, flexibility and confidentiality. A clear majority of companies (91%) in India which have a dispute resolution policy, use arbitration and not litigation for resolution of future disputes, while, 82% of the companies with arbitration experience indicated they would continue to use arbitration in the future as well. The survey highlighted that the retired Supreme Court /High Court judges were a preferred choice for arbitration cases. It also revealed that India, Singapore and England are the top three seats for arbitration in the world.

Long wait for a green card could be ending

The Senate Judiciary Committee of the United States has approved a broad overhaul of the nation's immigration laws on a bipartisan vote, and sent the measure to the full Senate. The bill would make it much easier for science, math and engineering graduates of US universities to become permanent residents. Crucially, it would also lift the limits on how many immigrants are allowed in from each country, which has meant that citizens of populous countries like India end up waiting far longer than others. According to data from the US Citizenship and Immigration Services, more than 150,000 of them have filed for green cards since 2010; nearly a third of them are from India, the largest single block.

Pro - Arbitration Approach of Courts

Antrix Corp. Ltd. v. Devas Multimedia P. Ltd (Arbitration Petition No.20/2011) the Supreme Court of India deter from interfering in the arbitration process or with the arbitrator’s judgment. The SC has relied upon a fairly simple proposition that once an arbitration agreement has been invoked on a particular dispute and an arbitrator has been appointed, the other party to the dispute cannot again separately invoke the provisions of the arbitration agreement. The issue revolved around a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 ("Act"), wherein the SC relying on the above proposition held that once the power to appoint an arbitrator has been exercised, no powers are left to refer the same dispute again to arbitration under Section 11 of the Act.

The present decision of the apex court adds to the ever growing jurisprudence highlighting the growth of arbitration as a dispute resolution mechanism in the country and the decision should dilute any perception that arbitrations seated in India are subjected to court interference. However, a word of caution that this case highlights is the need for meticulous drafting of arbitration clauses. The arbitration agreement in the present case serves as an example of how ambiguity in a dispute resolution clause (applicable rules to the arbitration- ICC or UNCITRAL) could lead to unnecessary/multiplicity of proceedings.

Anyone can record dying declarations

You need not be a police officer, doctor or a magistrate to record the dying declaration, a statement accusing those responsible for the death of the person making his last possible statement.The Supreme Court of India has found this to be true in law, at least in cases where the person dies of burn injuries. "The law on the issue can be summarized to the effect that law does not provide who can record a dying declaration, nor is there any prescribed form, format or procedure for the same," said a bench of Justices B S Chauhan and Dipak Misra while reversing the high court ordered acquittal in a dowry death case.

"I BLAME THE PARENTS..." Parental company's liability

Europe's highest court - the Court of Justice - has again confirmed, in a judgment on the 8th of May 2013, (Case C-508/11 P - ENI Spa v European Commission, judgment) that the parent company of a 100 per cent (or close) subsidiary can and generally will - be held jointly liable for the antitrust violations of that subsidiary. It does not matter that the parent company was not involved or was not even aware of the violation. Under EU law, the parent company and its subsidiary are in the same economic group (for fining purposes) when the parent exercises decisive influence over that company. This is presumed in the case of 100 per cent (or close) subsidiaries and it has become standard practice for policy considerations to trump otherwise seemingly sound legal arguments aimed at dislodging the presumption. The judgment seems to tighten up the presumption even more, indicating that a parent company would have to show complete autonomy at a financial as well as operational level to rebut the presumption.


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