Category: Legal

Legal Digest | CBDT must use its discretion to help taxpayers in the event of a genuine omission 

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

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Case 1: CBDT must use its discretion to condone delay in ITR filing judiciously 

In one Pankaj Kailash Agarwal vs Assistant Commissioner of Income Tax (ACIT) case, the Bombay High Court directed the Central Board of Direct Taxes (CBDT) to use its power conferred under section 119 of the Income Tax Law judiciously and not with a closed mind as if it couldn’t care less. 

In this case, the CA of the assessee admitted that it was his fault that he didn’t upload the audit report for claiming tax holiday under section 80IC. The Court was at pains to explain why the CBDT should not sadistically ask the assessee to stew in its own justice. This was a case of genuine and inadvertent omission for which the client of the CA should not be made to lose a substantial benefit especially when he had applied to the CBDT that he be allowed to file a fresh return. CBDT should not be anti-taxpayer especially when there is a genuine omission or delay to address which only section 119 power was carved out.

Case 2: Easement right not available just for the asking 

In Manisha Mahindra Gala vs Shalini Bhagwan Avataramani matter, the Supreme Court recently held that law of easement cannot be invoked by the owner of a property when he can access it by a slightly longer route. The claimant of an easementary right wouldn’t be entitled to claim the same by necessity’ for enjoying the ‘Dominant Heritage’ (the property owned by the claimant) when there exists an alternative way. 

For readers’ benefit it must be pointed out that the property owner owns only the dominant heritage i.e. the property registered with the jurisdictional sub-registrar. In addition, of course the law of easement gives him the right to invoke right over servient heritage but only for the purposes of accessing his dominant heritage. 

So, when an adjoining lane is closed considering overall interests of the residents of the locality, the owner of the dominant heritage cannot make a grievance out of such closure if he has access to his dominant heritage albeit through a slightly circuitous route.

Case 3: WhatsApp notification is as good as notice served formally through documents 

In Lease Plan India Pvt Ltd vs Rudrakash Pharma Distributor case, the Delhi High Court held that, in this day and age, notice served on the WhatsApp number and email is good enough. There was an arbitration clause in the lease agreement which was invoked by serving a digital notice vide WhatsApp and email which the Court said was kosher. It is good that Courts are setting store by the electronic footprints and not insisting on the old ‘dasti’ type of serving notice. 

We have moved over to electronic filing of income tax and GST returns and also the faceless system of appeals and video conferencing. The world is inexorably being swept by the electronic wave and serving of notice should not be caught in a time warp. 

Case 4: Trademark registration doesn’t negate prior use but that has to be proved

Grant of trademark isn’t final but subject to challenge including by the prior user.  In S.V.T Products vs S.S Pandian and Sons matter, the Karnataka High Court while acknowledging this position reiterated that the prior user must adduce cogent evidence to prove that he enjoys unregistered trademark rights despite registration. 

In South ‘hotel special’ is a common description be it for coffee or asafetida or any other ingredient to drive home the point that the brand is meant to cater to large scale users. Thus a 53: 47 coffee powder containing a mix of 53% pure coffee and 47% chicory is generally not meant for family kitchens but for marriages and hotels and restaurants.  

In the case on hand, the ingredient was asafetida with the prefix hotel special registered. The challenger contended that he has been using such prefix for his own asafetida but in the absence of cogent evidence about such prior use, the subsisting registration under challenge was allowed to remain.

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

‘Bigg Boss Malayalam’ in hot water — Kerala High Court steps in

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

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The Kerala High Court has intervened in the controversy surrounding the telecast of violent scenes in the popular reality show Bigg Boss (Malayalam). A bench comprising Justices A. Muhamed Mustaque and M.A. Abdul Hakhim has directed the central government to address the issue promptly, according to a Bar and Bench report.

The court expressed serious concern over the airing of certain violent incidents in the Malayalam version of Bigg Boss and instructed the Ministry of Information and Broadcasting to take immediate action to address any violations of its advisories. The bench suggested that this could include halting the telecast of such shows on electronic media.

The court also issued notices to several key figures involved in the production and broadcasting of the show, including Malayalam actor Mohanlal, the production company Endemol Shine India, and the telecasters Asianet and Disney Star. A notice was also served to Haseeb S.K., known as ASI Rocky, for his involvement in a recent physical altercation with a fellow contestant during an episode.

The court’s directive came in response to a petition filed by a practising lawyer of the high court, Advocate Adarsh S, seeking immediate measures to cease the transmission of Bigg Boss (Malayalam Season 6. The petitioner argued that the show depicted incidents of physical assault, which violated directives and advisories issued by the central government.

Highlighting a recent altercation between contestants ASI Rocky and Sijo John, which led to Rocky’s eviction from the show, the petitioner emphasised that such incidents flouted broadcasting regulations outlined in the Cable Television Networks (Regulation) Act, 1995, and associated programme and advertising codes. Additionally, concerns were raised regarding Mohanlal’s interactions with contestants, which were deemed to exacerbate the seriousness of the situation.

The petition underscored the potential violations of fundamental rights, breaches of broadcasting regulations, and the endangerment of public safety and morality.

“This matter raises a serious concern,” the court said.

The court also granted permission to the petitioner to submit evidence of the violent scenes to the Ministry of Information and Broadcasting for further review.

The case is scheduled to be heard again on May 20.

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

Lawyer seeks 6-year poll ban on PM Modi — here’s why

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

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A lawyer has filed a plea against Prime Minister Narendra Modi in the Delhi High Court for allegedly violating the Model Code of Conduct (MCC), and sought his disqualification from contesting elections.

Referring to Modi’s poll speech in Pilibhit in Uttar Pradesh on April 9, the plea by Anand S. Jondhale alleged that the PM was seeking votes in the name of “god and place of worship” and “Hindu deities and Hindu place of worships as well as Sikh deities and Sikh place of worship” while campaigning for the upcoming Lok Sabha polls, according to a report by Bar and Bench.

The plea has sought the disqualification of PM Modi from contesting any elections for a period of six years, the report added.

Jondhale argued that Modi violated the Model Code of Conduct mentioned in Compendium of Instructions Volume-III under Rules General Conduct-I(1) and (3).

The provision states that no party or candidate shall include in any activity that may aggravate existing differences or create mutual hatred or cause tension between different castes or communities, religious or linguistic.

Meanwhile, concluding his Lok Sabha poll campaign at a rally in Tirunelveli, Tamil Nadu, Modi made a Tamil-centric pitch as he proposed to set up Thiruvalluvar centres globally, and labelled the Congress and DMK “sinners” over “ceding” Katchatheevu to Sri Lanka.

Modi dubbed the DMK and Congress “anti-national” and said the entire country has now understood the “truth,” that they had given Katchatheevu to another country after “cutting it off” from Tamil Nadu.

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

Here’s the roadmap of India’s pioneering AI regulation

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

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India’s stance on regulating artificial intelligence (AI) is a dynamic process, evolving in tandem with global developments while addressing domestic challenges. The Ministry of Electronics and Information Technology (MeitY) has articulated its intent to regulate high-risk AI applications, emphasising user protection, potentially through dedicated rules within the proposed Digital India Act.

However, the enactment of a bespoke AI legislation is yet to materialise. Recognising the need to catalyse emerging technologies’ growth, including AI, MeitY underscores the importance of establishing guardrails for safe and ethical AI use, ensuring accessibility to trustworthy AI, averting misuse, and leveraging AI’s potential as a catalyst for India’s digital economy.

Challenges and Considerations

AI regulation in India is met with various ethical and risk-related challenges, encompassing concerns such as bias, privacy violations, lack of transparency, and liability attribution ambiguity. In response, central and state government agencies have initiated efforts to standardise responsible AI development and promote best practices. Despite these endeavours, MeitY acknowledges that India’s current AI strategy falls short in adequately addressing these concerns.

Global Influences and Collaboration

India seeks to align its AI governance with global trends, particularly inspired by the European Union’s (EU) recent regulatory milestone — the AI Act. This legislation, featuring harmonised rules based on AI risk levels, serves as a benchmark for India’s regulatory aspirations. MeitY aims to collaborate with like-minded democracies to negotiate a global AI regulation agreement and establish a supranational institutional framework based on international consensus. The timeline for such global agreements remains optimistic, with expectations of tangible progress within the next six to nine months.

India’s Initiatives

India’s AI journey is punctuated by various initiatives and reports, including the National Program on AI (NPAI), Indiaai portal, Gen AI Report, recommendations from the Telecom Regulatory Authority of India (TRAI), and the Responsible AI Report. These efforts underscore India’s multifaceted approach to AI governance, encompassing skilling, capacity-building, and sectoral integration.

MeitY has formed expert groups to deliberate on India’s AI program goals and design. These groups submitted the initial edition of the AI Report, shaping India’s AI ecosystem’s future trajectory. Additionally, India, as Chair of the Global Partnership on Artificial Intelligence (GPAI), hosted a summit and crafted the New Delhi Declaration, reinforcing commitments to advancing safe and secure AI globally.

India’s endeavours in AI regulation reflect a nuanced approach, balancing the imperatives of progress with the imperatives of protection. Inspired by global regulatory frameworks and informed by domestic considerations, India’s evolving AI governance landscape underscores the country’s commitment to harnessing AI’s potential while safeguarding societal interests. As India continues to navigate the complexities of AI regulation, collaboration, innovation, and ethical stewardship will remain paramount in shaping the country’s AI future.

—The authors Shaguftha Hameed, Aditi Tripathi  and Abhay Kumar Yadav, are   Principal Associate and Associates respectively at law firm Gravitas Legal. The views expressed are their personal. 

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

Legal Digest | Potential sex abuse is not an excuse to stop the import of body massage devices

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

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Case 1: Massager import can’t be stopped merely because it could be sexually abused 

The Bombay High Court  in the case of Doc Brown Industries LLP recently dismissed the appeal of Commissioner of Customs against the Tribunal Order which disagreed with the latter’s opinion that the massager import should be banned as it lends itself to potential sex abuse thereby falling squarely within the definition of ‘obscenity’.

The Court came down heavily on the Commissioner for setting store by an ancient notification harking back to 1964.  In addition, the Commissioner had relied heavily on the opinion of psychologists and gynaecologists who opined that, “Caresmith Wave Body Massager could be subjected to other uses”.

The Court made some ringing observations among others, saying; “…thus, merely because the goods can be subjected to an alternative use, of the nature, as the Commissioner contemplated, this can never be the test to hold that the goods were prohibited, when they otherwise satisfied the test of goods, which could be imported and sold.”

Case 2: Don’t declare anyone wilful defaulter without recording the reasons 

In Milind Patel vs Union Bank of India and others the Bombay High Court on March 4, asked banks and financial institutions to spell out the reason for declaring a borrower a ‘wilful defaulter’ given the grave consequences of such declaration including shutting such borrower out of future borrowings. The following observations in particular are pertinent:

“In a nutshell, the wilful defaulters are ostracised from access to the financial sector. No additional facilities can be granted to such a person by any bank or financial institution. Bodies corporate declared to be wilful defaulters, and their promoters and directors, would be debarred from access to institutional finance from scheduled commercial banks, financial institutions and non-banking financial companies for a period of five years after the date on which their names are eventually removed from the list of wilful defaulters.”

Thus, banks and financial institutions that seek to invoke the Master Circular (of the RBI) to declare occurrence of wilful default, must share the reasoned orders passed by its Identification Committee and Review Committee, the Court said.

Case 3: Rogue cyber-locker websites cannot infringe copyrights 

The Delhi High Court, in a matter of Warner Bros Entertainment Inc & others   vs Doodstream.com & others, asked the “rogue” websites to takedown copyrighted films of Netflix, Amazon, University City Studios and others from their websites. 

The Court further directed the websites and their operators to disable all features from their platform allowing “regeneration of links and re-uploading of infringing content” after takedown.  The suit was filed against the infringing websites Doodstream.com, doodstream.co and dood.stream, and their two operators based in Coimbatore, Tamil Nadu.  Apparently, the offending websites were offering their hacking and copying infrastructure to anyone to upload copyrighted materials including films. Those wanting to scrimp on Netflix and Amazon Prime subscriptions obviously signed up as members of such rogue platforms.  

Case 4: Notification on dangerous and ferocious dog breeds partially stayed 

In the case of Tanmay Dutta vs Union of India, the Calcutta High Court partially stayed the March 24,  2024, notification of the Government of India prohibiting the import, breeding, and selling as pet dogs of around 23 dog breeds. The notification also directed the local authorities to not issue any licences for keeping or breeding the aforesaid dog breeds and to sterilise dogs who had already been kept as pets to prohibit further breeding. The Court stayed the operation of the notification to the extent it affected animal rights with the following observations:

“There is substance in the petitioner’s argument that the effect of the notification may be fatal to the breeds mentioned therein, particularly puppies of the said breeds. It is rightly pointed out that pets have been directed to be mandatorily sterilised, which is not sanctioned by any norm of animal sciences before a particular age. As such, even young puppies may have to be sterilised, which may prove fatal to them. Notification may have a prima facie fatal effect on the dog breeds mentioned therein…”

However, the Court granted no stay on ban on import and sale of the notified dogs till the writ was disposed of. The Court was not satisfied with the consultation process nor with the composition of the expert committee.  Parenthetically, it may be pointed out that dog attacks on innocent bystanders have been on the increase in the NCR region with rottweiler breed among others being feared as not conforming to the pet description. The outcome of the case would be keenly watched as by dog lovers as by those who aver that human rights come above animal rights.

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

Legal Digest | NOTA is fairly known and familiar to the electorate: Bombay HC 

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

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 Case 1: NOTA is fairly well known to the electorate 

The Bombay High Court recently dismissed a PIL — Suhas Manohar Wankhede vs Election Commission of India & Others — praying for order to Election Commission of India (ECI) to sufficiently publicise the ‘None of the Above (NOTA)’ option available on Electronic Voting Machines (EVM) and the EVM itself. 

The Court pointed out that the ECI has already explained this vividly in its manual Systematic Voters Education and Electoral Participation (SVEEP). The petitioner also wanted the ECI to appoint a brand ambassador to publicise NOTA. The High Court, apparently, did not give much credence to this plea. 

NOTA is an inherently nihilistic world view of elections. Suppose NOTA a phantom gets the highest vote in a constituency, still the one a living person contesting coming second will be declared elected. So, there was no point in fostering the cynicism engendered by NOTA. Anyway, it is good that the ECI hasn’t appointed a celebrity to propagate this “farce”. BTW who will be the celebrity whose foot the shoe fits?  

Case 2: Maintenance to family cannot be whittled down 

 In a recent case — Rana Pratap Singh vs Neetu Singh and 2 Others — the Allahabad High Court reiterated the well-known principle that for calculating the maintenance payable to the family on legal separation under section 125 of the Criminal Procedure Code, the salary cannot be whittled down by EMI, life insurance premium etc. but only by statutory imposts like tax deducted at source under the income tax law. 

Maintenance is a measure to secure the life of the family deserted by a man and he cannot wiggle out of this or belittle the amount by trying to secure his own life, as it were. In other words, the solemnity of the legal provision cannot be undermined by self-inflicted monthly commitments. To be sure, there is nothing to stop one from doing so except that such amounts of voluntary contributions from out of one’s salary would not be considered for computing the maintenance amount, period.

Case 3: Right to remain silent during interrogation is sacrosanct 

The Telangana High Court recently in the matter of Popular Front of India asked an accused to be released when extension of his custody was sought on the ground that; “if the only charge against him was that he was refusing to speak in the course of interrogation, well it is his fundamental right guaranteed by article 20(3) of the Constitution — no one can be compelled to self-incriminate.”  

This is best ensured by remaining silent.  It is for the prosecution to prove its case with other evidences the charge against such accused.  In fact, that is the best way because faced with such evidence or witnesses, the accused who has remained silent hitherto will have to speak if only to refute the charges.

Case 4: Emotionally intelligent device for children is not a mere plastic toy 

The Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that MIKO II, an “emotionally intelligent companion device” that is a ‘human-like’ companion for children, is classifiable as an automatic data processing machine and not ‘a plastic toy’ thus attracting a lesser rate of tax. 

This is indeed the right approach to devices, contraptions and even vehicles in this day and age. Automation and artificial intelligence are taking over all aspects of our lives so much so that what was earlier a car can now pass as a highly sophisticated automatically driven contraption. 

Imagine a Tesla car with driverless option. Indeed, even without this option it is a largely technology driven car. The mind-boggling price paid for it is more towards technology rather for machinery and body of the car. Much the same can be said for the intelligent toys which have become the companions of infants and even toddlers

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

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.

Also read: Amazon India seller Appario Retail to stop selling on platform within a year

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.

ALSO READ: Justice DY Chandrachud takes oath as 50th Chief Justice of India

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.

ALSO READ:  From privacy to Sabarimala: 10 landmark verdicts Justice DY Chandrachud was part of

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.

ALSO READ: SC to examine plea against HC verdict that minor Muslim girl can marry person of choice — what’s the case?

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