Category: Legal

Reliance Infra-Delhi Metro case: SC gives high court 3 months to resolve Rs 4,500 crore dues issue 

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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The Supreme Court has given the Delhi High Court a three-month deadline to decide on the issue of outstanding payment of Rs 4,500 crore to Reliance Infra, after it noted that prima facie directions from the apex court to pay the arbitral award was disobeyed by Delhi Metro Rail Corporation (DMRC).

The top court noted that the law for executing arbitral awards is not different for government or government-controlled entities and maintained that the Delhi HC has been adjourning proceedings from time to time and directed the court to take the issue to its “logical conclusion”.

In March 2022, the Supreme Court had upheld the the 2017 arbitration award by Delhi Airport Metro Express Private Limited (DAMEPL),  which totaled almost to Rs 4,500 crore. Despite the SC affirming the arbitral judgement, Reliance Infra alleged that the DMRC had not made the required payments.

Reliance Infra claims that DMRC is in contemptuous defiance of SC orders and said this “circus needs to end”. It has pushed for a payment timeline, claiming that in the absence of clarity, “someone has to go to jail.” Additionally, the company also asked for an undertaking from the DMRC’s managing director.

The SC on Monday declined to grant four more weeks to the Centre and gave a deadline till December 14 to provide clarification on the Rs 4,500 crore payment, since the DMRC has “already had enough time”. The Court forewarned that in the event of noncompliance, it will take a “very serious view”.

Earlier, the court had sent a notice to the DMRC seeking a response by December 12.  Similarly, the Delhi High Court had also given the DMRC till December 12 to come up with a strategy to refund the unpaid sum of an arbitral award in DAMEPL’s favour. DAMEPL is an infrastructural division of Reliance.

The SC in last hearing reprimanded the Centre, saying that while on one hand it promotes India as a centre for arbitration with grandiose speeches, on the other side it refuses to uphold arbitral awards upheld by the SC.

Also Read: Reliance Infra-Delhi Metro case: SC gives Centre December 14 deadline for payment clarity of Rs 4,500 crore

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

ED opposes bail plea of AAP accused in Delhi excise policy scam case

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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The Enforcement Directorate (ED) on Tuesday, December 13, opposed the bail pleas of AAP’s Vijay Nair and businessmen Sharath Reddy and Abhishek Boinpally before a court here in a money laundering case related to the Delhi excise policy scam case in which Deputy Chief Minister Manish Sisodia is also an accused.

The ED urged Special Judge M.K. Nagpal to dismiss the pleas filed by the three accused in its reply to their bail applications. The agency told the court that if granted the relief, the accused may hamper with the ongoing investigation and also flee from justice.

The court posted the matter for the detailed argument on the bail petition of Sarath Reddy for December 17, while it will hear the pleas by Nair and Boinpally on December 19. The court will also hear the bail application filed by another co-accused Sameer Mahendru on December 17, while Binoy Babu’s bail plea will come up for hearing on December 19.

Also read: Delhi excise policy a ‘device’ to generate illegal funds by AAP leaders: ED

All five accused are currently in judicial custody. The ED had recently filed its first prosecution complaint (ED’s equivalent to a charge sheet) in the case.

The ED had arrested businessman Sameer Mahendru, Managing Director of Delhi’s Jor Bagh-based liquor distributor Indospirit Group, on September 27, while Sarath Reddy, Director, Aurobindo Pharma, and Benoy Babu, General Manager, International Brands, Pernod Ricard, were apprehended on November 10.

Also read: Delhi excise policy scam: HC directs media outlets to follow CBI, ED press releases

On November 14, the ED arrested Aam Aadmi Party (AAP) communications in-charge Vijay Nair and Hyderabad-based businessman Abhishek Boinpally in the case. The agency has also made Sisodia, the then excise commissioner Arva Gopi Krishna, Deputy Commissioner Anand Tiwari and Assistant Commissioner Pankaj Bhatnagar accused in the case.

The ED and the CBI have alleged that irregularities were committed while modifying the excise policy, undue favours were extended to licence holders, licence fee was waived or reduced and L-1 licence was extended without the competent authority’s approval. The beneficiaries diverted “illegal” gains to the accused officials and made false entries in their books of account to evade detection.

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Parliamentary panel suggests changes to competition law amendment bill

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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A parliamentary panel on Tuesday recommended various changes to a bill to amend the competition law, including bringing cartels under the scope of settlements as a “pragmatic recourse.”

In its report tabled in the Lok Sabha, the Parliamentary Standing Committee on Finance also said the “current prima-facie opinion timeline and that of passing the order for approval of combinations, should remain unchanged.”

Under the Competition (Amendment) Bill, 2022 that was introduced in the Parliament on August 5, the corporate affairs ministry has proposed reducing the timeline for CCI to form a prima-facie opinion on a case to 20 days from 30 days.

Also read: Competition law: Bill proposes to empower antitrust watchdog

Also, it has proposed cutting down the timeline for approval of combinations to 150 days from 210 days.

In this regard, the committee said that apprehensions were raised by the Competition Commission of India (CCI) and stakeholders that it will put the authority in a difficult and onerous position.

“The committee is of the opinion that reducing the timeline can be burdensome for an already understaffed commission,” it said in the report.

Among other recommendations, the panel said CCI should consider expanding the scope of settlements to include cartels also as a “pragmatic recourse to the whole process”.

“The argument against including cartels is that they, by their very nature are anti-competitive… A settlement provision for cartels on a case-by-case basis may be for the courts to decide. It does not require emphasis that any matter, cartels or otherwise, that reaches the settlement stage, would have an anti-competitive one,” it said.

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In the bill, the ministry has proposed the introduction of a ‘Settlement and Commitment framework to reduce litigations’ and incentivise parties in an ongoing cartel investigation in terms of lesser penalty to disclose information regarding other cartels.

An application for settlement can be filed only after receipt of the investigation report and before passing the final order by CCI as may be specified by the regulations.

After the introduction, the bill was referred to the committee, which is chaired by BJP member Jayant Sinha.

It will be the first time since the enforcement of the Competition Act in 2009 that amendments will be made to the Act.

The Act was brought in 2002 and subsequently, it underwent amendments in 2007 and 2009. In May 2009, the antitrust provisions of the law came into force and two years later in May 2011, CCI started screening mergers and acquisitions.

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Age of consent a growing concern, says CJI while study finds 1 in 4 cases under POCSO Act are ‘romantic cases’

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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A decade after the government passed the Protection of Children from Sexual Offences (POCSO) Act 2012, the judiciary and activists have urged the Parliament to take a relook at the age of consent prescribed under the Act.

Speaking at a two-day national consultation on the POCSO Act on Saturday, Chief Justice of India DY Chandrachud said there were growing concerns related to the age of consent for sexual activities under the Act, especially in cases of adolescent love affairs.

CJI Chandrachud said that the POCSO Act criminalised all sexual activities for those under the age of 18 even in ‘romantic’ relationships without considering that consent is factually present between the minors. “Because the presumption of the law is that there is no consent in the legal sense below the age of 18,” Deccan Herald quoted the CJI saying.

This “category of case poses difficult questions for judges”, the CJI said.

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In June, a study conducted by Bengaluru-based NGO Enfold Proactive Health Trust and UNICEF-India found that 25 percent of the cases registered under the POCSO Act in West Bengal, Assam and Maharashtra were “romantic cases”, in which the victim was in a consensual relationship with the accused.

In 2018, a similar study conducted by the Centre for the Child and the Law at the National Law School of India University (CCL-NLSIU) found that romantic cases constituted 21.2 percent of cases in Andhra Pradesh, 20.5 percent in Maharashtra, 21.5 percent in Delhi and 21.8 percent in three districts of Karnataka, The Hindu reported.

Researchers Swagata Raha and Shruti Ramakrishnan, who authored the June study, analysed all 7,064 POCSO judgments between 2016 and 2020 in the three states and found that 1,715 cases were “romantic cases” where the complainant admitted to having a consensual relationship with the accused.

The study also revealed that in 46.6 percent of the “romantic cases” the girl was between the ages of 16 to 18 years. The researchers also said that the Act was creating problems for tribal communities as well where marrying below the age of 18 is not taboo.

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The researchers termed such incidences as romantic cases where the victim, her family or any prosecutorial witness revealed that there was a romantic relationship or in cases where the court concluded that the relationship was romantic in nature.

The number of cases “would be much higher if we draw inferences from court decisions”, Indian Express quoted Shruti Ramakrishnan as saying.

According to the study, the court took a lenient view of such cases by recording convictions only in exceptional cases and acquitting most involved in “romantic cases”.

The POCSO Act raised the age of consent for sexual activity to 18 years from 16 years in 2012.

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Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

SC stays NGT order to phase out public transport vehicles below BS-IV in 6 months

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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The Supreme Court has stayed an order of the National Green Tribunal (NGT) to phase out all public transport vehicles with BS-IV (Bharat Stage) engines and below in the next six months.

A bench of Justices S K Kaul and Abhay S Oka issued notice to the parties in the case and sought their replies on the appeal filed by the West Bengal government.

The NGT in its order had said the state government must ensure that public transport vehicles with BS-IV engines and below are phased out in six months so that only BS-VI vehicles ply in the state, including Kolkata and Howrah, thereafter.

“It is her (counsel for the West Bengal government) say that in terms of the directions of this court in an order dated October 24, 2018, no motor vehicle conforming to the emission standard Bharat Stage-IV was to be sold or registered in the country with effect from April 1, 2020.

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“Thus, registrations were carried out till that date as permitted, and therefore the 15-year period has to be counted from the date of registration. Otherwise, it will amount to making the vehicles unusable in less than 15 years. Issue notice. In the meantime, the operation of the aforesaid direction has stayed,” the bench said.

The eastern bench of the NGT had noted that a huge number of private and commercial vehicles older than 15 years were plying in Kolkata and Howrah, which was adding to the air pollution.

The tribunal in its order had said while phasing out the old vehicles, a move towards the use of cleaner and greener technology with the introduction of Compressed Natural Gas (CNG) buses and electric buses may be expedited.

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Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Succession right of tribal women: SC directs Centre to consider amending provisions of Hindu Succession Act

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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Observing that a female tribal is entitled to parity with a male tribal in intestate succession, the Supreme Court on Friday directed the Centre to examine the issue and consider amending the provisions of the Hindu Succession Act so as to make it applicable to the members of the Scheduled Tribes.

The top court said when the daughter belonging to the non­-tribal is entitled to an equal share in the property of her father, there is no reason to deny such a right to the daughter of tribal communities.

As per Section 2(2) of the Hindu Succession Act, the Hindu Succession Act will not be applicable to members of the Scheduled Tribes.

A bench of Justices M R Shah and Krishna Murari said there is no justification for denying the right of survivorship (a right of a person to property on the death of another having a joint interest) so far as the female members of Scheduled Tribes are concerned.

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“It is directed to examine the question by the Central Government to consider it just and necessary to withdraw the exemptions provided under the Hindu Succession Act in so far as the applicability of the provisions of the Hindu Succession Act to the Scheduled Tribes and whether to bring a suitable amendment or not.

We hope and trust that the Central Government will look into the matter and take an appropriate decision taking into consideration the right to equality guaranteed under Articles 14 and 21 of the Constitution of India,” the bench said.

The apex court said a female tribal is entitled to parity with a male tribal in intestate succession.

“To deny the equal right to the daughter belonging to the tribal even after a period of 70 years of the Constitution of India under which right to equality is guaranteed, it is high time for the Central Government to look into the matter and if required, to amend the provisions of the Hindu Succession Act by which the Hindu Succession Act is not made applicable to the members of the Scheduled Tribe,” the bench said.

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The top court’s observations came while dismissing a plea on whether a daughter (belonging to Scheduled Tribes) is entitled to the share in the compensation with respect to the land acquired on survivorship basis under the provisions of the Hindu Succession Act.

“Therefore, so long as Section 2(2) of the Hindu Succession Act stands and there is no amendment, the parties shall be governed by the provisions of Section 2(2) of the Hindu Succession Act.

“Therefore, though on equity we may be with the appellant being daughter and more than approximately 70 years have passed after the enactment of the Hindu Succession Act and much water has flown thereafter and though we are prima facie of the opinion that not to grant the benefit of survivorship to the daughter in the property of the father can be said to be bad in law and cannot be justified in the present scenario, unless Section 2(2) of the Hindu Succession Act is amended, the parties being member of the Scheduled Tribe are governed by Section 2(2) of the Hindu Succession Act,” the bench said.

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Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

BharatPe files case for clawback of Ashneer Grover’s restricted shares, founder title: Sources

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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BharatPe has filed arbitration for clawback of former managing director and co-founder Ashneer Grover’s restricted shareholding and founder title, sources told CNBC-TV18. According to the sources the arbitration, filed on Thursday, December 8, is under Singapore International Arbitration Centre (SIAC) rules Currently, Grover holds roughly 8.43 percent stake in BharatPe, of which 1.4 percent was not vested as on the date of his resignation (March 1, 2022)

The company had earlier sent a legal notice to Grover to transfer his 1.4 percent restricted shares under SHA (shareholder agreement). Interestingly this is the third legal action after the civil suit at Delhi High Court and criminal complaint with the Economic Offences Wing.

Also read: BharatPe makes explosive claims against former MD Ashneer Grover and his wife — details here

Earlier, the Delhi high court on Thursday heard the fintech company’s plea on Grover for launching a “vicious” campaign against the company. BharatPe has filed a 2,800-page civil suit and criminal complaint against Ashneer Grover, wife and family. The family members include Madhuri Jain Grover’s brother-in-law Deepak Gupta (head admin & logistics), her father Suresh Jain and brother Shwetank Jain (both vendors of the company).

BharatPe has alleged charges on 17 counts, including criminal conspiracy, cheating, siphoning, embezzlement of funds and forgery and has claimed Rs 88 crore in damages from Grover, and family. In this regard, the Delhi HC has issued notice and has decided to summon Grover and his wife.

BharatPe told CNBC-TV18 that it has initiated civil and criminal action against erstwhile co-founder and MD Ashneer Grover, former head of controls Madhuri Jain Grover, and other connected parties of their family for various claims, including misappropriation of company funds.

The complaint by the company are based on findings of an Alvarez and Marsal preliminary report from January.

After being fired over alleged misappropriation of funds, Madhuri Jain Grover released an audio clip allegedly of a conversation between company co-founder Ashneer Grover, Bhavik Koladiya and chairman Rajnish Kumar. She further called her sacking a conspiracy, sharing a screenshot of a WhatsApp chat purportedly between Grover and BharatPe CEO Suhail Sameer.

Also read: Delhi High Court to summon Ashneer Grover, wife after BharatPe’s plea

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

BharatPe makes explosive claims against former MD Ashneer Grover and his wife — details here

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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Here are the eight claims made by the company against Grover and family

Claim 1: The company has claimed that payments aggregating to Rs 71.76 crores were made to fake vendors. BharatPe said in its complaint that the payments were made against invoices issued by 35 non-existent vendors identified by GST Authorities. Majority of the said fake vendors were owned by persons known to Ashneer Grover.

BharatPe had to reverse the total ineligible ITC and paid penalties. The company said that it was Madhuri Jain Grover’s brother-in-law Deepak Gupta who was responsible for on-boarding vendors. The company claims the 35 fake vendors used to siphon off funds.

Claim 2: The that penalty under CGST act worth Rs 1.66 crores was paid.

Claim 3: Rs 7.6 crores were  paid to fake HR firms. Madhuri Jain Grover had complete control over hiring and the company claims that she siphoned off money by making payments to eight HR firms.

According to the company, the invoices raised were fictitious and fabricated, and no service in relation to those invoices had been provided. The eight HR firms in question were related to Madhuri Jain Grover and family.

Claim 4: A Rs 1.85 crore payment was made to an interiors design business, owned by Madhuri Jain, without BharatPe’s knowledge. The company has said that she treated BharatPe as her personal business and that the company employees used to file tax returns for the said interior design firm.

Bharart Pe was made to pay Rs 2.66 crores for the financial year 2020 and financial year 2021 before disclosing the related party status of the interior design firm.

Claim 5: BharatPe has claimed that the couple financed personal via the company. The firm has given a bifurcation of these said costs.

— A total of Rs 52.25 lakhs paid in rent for the couple’s Panchsheel Park residence – monthly lease of Rs 2.75 lakh + Rs 5.5 lakh as as security deposit.

— Electricity Bill worth Rs 10,020

— Purchase of Sony Bravia TV worth Rs 1.04 lakh

— Purchase of Mi TV 4X worth Rs 36,999

— Purchase of fridge worth Rs 15,000

— Purchase of LED TV worth Rs 15,000

— Air Travel for children and family. Flight from Mumbai to Delhi – for family – amounting to Rs 10,232.

— Family vacation to US (Grover, wife, children) amounting to Rs 5.83 lakh. A family trip to Dubai (Grover, wife and children) amounting to Rs 3.84 lakh.

— Visa expenses of relatives – Rs 26,400

— Skin treatment taken Madhuri Jain.  A reimbursed of Rs 22,500 was taken from Bharat Pe for the same.

Claim 6: The company has said that inflated payments worth Rs 13 lakh were made to vendors for supply for plastic standees.

Claim 7: A trip to Thailand for  Rs 4.51 lakhs. The company said that double payment was made to the travel agent for official Thailand visit.

Claim 8: The company has claimed that Grover and his wife’s action have led to a loss for the brand, reputation and goodwill. The company suffered grave injury to the goodwill and reputation caused by Grover and his wife making derogatory statements and spreading the foregoing false narrative in the public eye.

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Delhi High Court to summon Ashneer Grover, wife after BharatPe’s plea

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

Listen to the Article (6 Minutes)

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow

Kerala introduces bill to replace governor as chancellor of universities

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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The Left government in Kerala on Wednesday tabled the contentious University Laws (Amendment) Bill in the Assembly to replace the Governor as Chancellor of universities in the state and appoint eminent academicians in the top post.

Law Minister P Rajeeve introduced the bill in the House amidst continuing tussle between Governor Arif Mohammed Khan and the Pinarayi Vijayan government over various issues including in the appointment of vice chancellors in varsities.

According to the Bill, the government shall appoint an academician of high repute or a person of eminence in any of the fields of science including agriculture and veterinary science, technology, medicine, social science, humanities, literature, art, culture, law or public administration as the Chancellor of the University.

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It also said the Chancellor shall hold office for a term of five years from the date on which he enters upon his office.

However, the opposition Congress-UDF members raised a handful of objections against it saying it would face legal issues if passed in the present form.

Leader of Opposition in the state Assembly V D Satheesan charged that the Bill was prepared in haste without much contemplation and has several ambiguities.

Noting that the Bill comprised aspects violating UGC guidelines, he said a new law won’t stand if it is introduced under the State Act against that of the directives of the apex higher education body.

He also said the Bill could not be presented in the House as the Financial Memorandum was incomplete.

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“There is no mention about the age limit and the minimum educational qualification of the Chancellor in the Bill. That means, the government can appoint anyone according to their mind in the top post. It will destroy the autonomous stature of the universities and turn them into mere government departments,” Satheesan alleged.

The opposition wanted the government to withdraw the present Bill and come out with a fresh one after rectifying the mistakes and making enough consultation including with the opposition.

Senior Congress leader Ramesh Chennithala, P C Vishnunath, T Siddique, Mathew Kuzhalnadan were among those opposition legislators who raised objections against the presentation of the Bill.

However, the Law Minister rejected the charges and said the objections raised by the Congress-UDF were mere “political” points.

The Bill further said that the person appointed as the Chancellor shall be eligible for reappointment for one more term.

The position of the Chancellor shall be an honorary post, it said adding that the office of the Chancellor shall be at the headquarters of the University. The University shall provide such officers and employees as may be necessary for the smooth functioning of his office.

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Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow