2017-TIOLCORP-NEWS-094 | Friday, May 12, 2017

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COMPETITION LAWS
 
2017-TIOLCORP-01-HC-DEL-CL

Somi Conveyor Beltings Ltd Vs UoI

Whether DG investigation ordered by CCI would amount to an adjudicatory function calling for application of the principle of 'audi altrem partem' i.e. giving an opportunity to the other party - NO: HC

Whether right available to a party to the proceedings to inspect the records or obtain copies thereof is not absolute and is subject to the permission granted by CCI in that behalf - YES: HC

Whether CCI can refuse to grant permission for inspection of records or furnishing copies thereof if it is of the view that the documents/ information require confidential treatment - YES: HC

Whether confidentiality being maintained u/s 57 by CCI by rejecting the request for inspection or obtaining copies by means of delegated Legislation is arbitral, unreasonable or unconstitutional - NO : HC

Whether the constitutional validity of such Delegated Legislation can be challenged if it is manifestly arbitrary or is so unreasonable that Parliament never intended to confer such power on the Regulator - YES: HC

- Petition Dismissed: DELHI HIGH COURT

 
MISCELLANEOUS
 
2017-TIOLCORP-08-SC-MISC

State Bank Of India Vs Kingfisher Airlines Ltd

Whether a person shall be guilty of having committed contempt of court when such person failed to make a complete and true disclosure of his assets inspite of an express order to that effect - YES: SC

Whether a person shall be guilty of flouting court orders if he indulges in alienation of his property in violation of the restraint order passed in respect of such properties - YES: SC

- Case Deferred: SUPREME COURT OF INDIA

 
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