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Idea-Vodafone merger

Idea-Vodafone Merger

Debt-ridden firms Idea and Vodafone India are in process of merging their businesses in India as it is expected to bring down cost of their operations and give them relief from cut-throat competition in the market where margins have hit rock bottom with free voice calls. The two companies decided to merge their business after the sector witnessed a huge tariff war and reduction in margins with entry of new telecom operator Reliance Jio, and their merger is conditionally approved by the Department of Telecommunications.

Vodafone Idea will have the capacity to provide 4G spectrum in all telecom circles of the country. The combined 4G spectrum of both the companies is capable of offering up to 450 megabit per second broadband speed on mobile phones in 12 telecom areas in the country. Vodafone will own 45.1 per cent stake in the combined entity, while Kumar Mangalam Birla-led Aditya Birla Group will hold 26 per cent and Idea, 28.9 per cent. The Aditya Birla Group has the right to acquire up to 9.5 per cent additional stake from Vodafone under an agreed mechanism with a view to equalising the shareholding over time.

If Vodafone and the Aditya Birla Group’s shareholdings in the combined company are not equal after four years, Vodafone will sell down shares in the combined company to equalise its shareholding to that of the Aditya Birla Group over the following five-year period.

Legal Alert

MADHYA PRADESH HIGH COURT TO STATE: GOVT. BUNGALOWS ALLOTTED TO FORMER CHIEF MINISTERS SHOULD BE VACATED WITHIN 1 MONTH

The Bench comprising Chief Justice Hemant Gupta and Justice A.K. Srivastava struck down as unconstitutional Section 5(1) of The Madhya Pradesh Mantri (Vetan Tatha Bhatta) Sanshodhan Adhiniyam, 2017. This provision allowed former Chief Ministers to use Government bungalows throughout their lives without payment of any rent. With the order, former Chief Ministers Kailash Joshi, Digvijay Singh and Uma Bharti are set to lose their government bungalows in the state capital. The Court was hearing a petition filed by one Mr. Raunak Yadav, who had challenged the allotment of bungalows to former Chief Ministers alleging that the same was in violation of Article 14 of the Constitution of India.

Legal Alert

KERALA HC REJECTS PLEA BY MAN ORDERED TO STAY AWAY FROM RESIDENCE ON MOTHER’S COMPLAINT OF DOMESTIC VIOLENCE

The Kerala High Court has dismissed a plea challenging constitutionality of Section 19(1)(b) of the Protection of Women from Domestic Violence Act 2005. The Section under challenge empowers the Magistrate, on being satisfied that domestic violence has taken place, to pass a residence order directing the ‘respondent’ to remove himself from the shared household. Justice Sunil Thomas, who heard the plea, observed that the Protection of Women from Domestic Violence Act is ‘a self-contained Statute intended to protect the interest of aggrieved women, who are exposed to domestic violence’. The court also observed that the Act is brought in to give effect to the constitutional mandate and also in accordance with international convention adopted by the United Nations and is binding on the member countries.

Legal Alert

DELHI HIGH COURT STAYS FELLING OF 20,000 TREES FOR RE-DEVELOPMENT OF SOUTH DELHI COLONIES TILL 4 JULY

The Delhi High Court has stayed till 4 July the cutting down of around 20,000 trees for re-development of six south Delhi colonies by the National Buildings Construction Corporation (NBCC) and the Central Public Works Department (CPWD). The Bench comprising Justice Vinod Goel and Justice Rekha Palli issued the order on a petition filed by an orthopaedic surgeon, Dr. Kaushal Kant Mishra, represented through Advocate Gopal Sankaranarayan. The Petition seeks setting aside the Terms of Reference (ToR) and the Environment Clearances (EC) granted to the project by the Environment Ministry. Mr. Mishra has alleged that the permissions have been granted “wholly ignoring the air pollution and serious environmental concerns that affect the health of the citizens of the capital”. He relies on the recent report submitted by Niti Ayog, which had claimed that India is facing an emergent water crisis, and asserts that the project would “force the city and its residents into an abyss”.

PUNJAB & HARYANA HIGH COURT

PUNJAB & HARYANA HIGH COURT: ANOTHER PERSON CANNOT BE BLAMED FOR WRONG DECISION OF A “COWARD”: SUICIDE NOTE NOT ENOUGH TO CHARGE WITH ABETMENT

The Punjab and Haryana High Court has ruled that Charges of abetment to suicide cannot be leveled if a “person of weak mentality” names somebody in his suicide note but a subsequent investigation fails to establish the accused person’s guilt. Justice P.B. Bajanthri said, “Merely because a person has been so named in the suicide note one cannot immediately jump to the conclusion that he is an offender under Section 306 I.P.C. The contents of the suicide note and other attending circumstances have to be examined to find out whether it is abetment within the meaning of Section 306 I.P.C. read with Section 107 I.P.C.

SUPREME COURT

PIL IN SUPREME COURT SEEKING TO MAKE BRIBERY & OTHER ELECTION OFFENCES COGNIZABLE, PUNISHABLE WITH MIN 2-YR JAIL TERM

A PIL filed by Advocate Ashwini Kumar Upadhyay reiterates the February 15, 1992 proposal of the Election Commission of India wherein it had told the government to make election offences cognizable with minimum two years of imprisonment.

The Advocate said that these election offences have caused injury to the public and affected free and fair elections while submitting that “2000 onwards, not only the Parliament and State Assembly General Election, even in the by-election bribery is used to support particular political parties and candidates, which is against the basic dictum of democracy and free and fair election in spirit of Articles 14, 19 and 324 of the Constitution of India”.

HOME-BUYERS RECOGNIZED AS FINANCIAL CREDITORS

PRESIDENT PROMULGATES INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) ORDINANCE, 2018; HOME-BUYERS RECOGNIZED AS FINANCIAL CREDITORS

Homebuyers will now be recognized as financial creditors, with the promulgation of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018. The recognition would give them due representation in the Committee of Creditors, and would also enable them to initiate corporate insolvency resolution process under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016 against errant developers.

justice

JUSTICE R.K. AGRAWAL APPOINTED AS NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION’S PRESIDENT

Justice R.K. Agrawal, who retired as an Apex Court Judge earlier this month, has been appointed as the President of the National Consumer Disputes Redressal Commission. He will take over from Justice D.K. Jain, who will complete his term on 31st May, 2018.

SUPREME COURT STAYS ARREST OF ACTIVIST TRUPTI DESAI IN A CASE FILED UNDER SC/ST (PREVENTION OF ATROCITIES) ACT

SUPREME COURT STAYS ARREST OF ACTIVIST TRUPTI DESAI IN A CASE FILED UNDER SC/ST (PREVENTION OF ATROCITIES) ACT

Amidst pendency of review petitions by the Union as well as several states against the controversial judgment in Subhash Kashinath Mahajan v. State of Maharashtra, where the Apex Court, in directing preliminary enquiry prior to arrest and lifting the absolute ban on anticipatory bail, diluted the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989, the Supreme Court on 28.05.2018 granted an interim stay on the arrest of activist Trupti Prashant Desai in connection with a FIR under the said Act.

bitcoin

SC ASKS HCS NOT TO ENTERTAIN PETITIONS RELATING TO RBI CIRCULAR PROHIBITING VIRTUAL CURRENCIES

The Supreme Court has asked high courts across the country not to entertain any petition relating to the circular issued by the Reserve Bank of India on “Prohibition on dealing in Virtual Currencies’. A bench headed by the Chief Justice of India Dipak Misra issued this order while staying further proceedings pending before Delhi and Calcutta High Courts.

yadav

GIVE US SUFFICIENT TIME TO VACATE GOVT BUNGALOWS: MULAYAM, AKHILESH TO SC

Three weeks after the Supreme Court directed former Uttar Pradesh Chief Ministers to vacate the government bungalows, two ex-CMS belonging to the Samajwadi Party Mulayam Singh Yadav and his son Akhilesh Yadav moved the apex court asking for “sufficient” time for it.A bench headed by justice Ranjan Gogoi had on May 7 held that former Chief Ministers of Uttar Pradesh cannot retain government accommodation after demitting office and said that a chief minister was at par with a common man once his or her term ends.
The duo earlier approached UP government’s estate department asking for 2 years’ time to vacate.

1. BOMBAY HIGH COURT IMPOSES 50,000 FINE ON CBI FOR ARREST OF WOMAN AFTER SUNSET

BOMBAY HIGH COURT IMPOSES 50,000 FINE ON CBI FOR ARREST OF WOMAN AFTER SUNSET

Bombay High Court recently slapped a fine of Rs. 50,000 on the Central Bureau of Investigation (CBI) for an illegal arrest made by its officer in the PNB fraud case. The Bench comprising Justice S.J. Kathawalla and Justice Bharti Dangre, however, clarified that the agency is free to recover this cost from the erring officers responsible for the violations, as found after disciplinary proceedings. The alleged accused was arrested in violation of Section 46(4) of the Code of Criminal Procedure. The provision bars arrest of a woman after sunset and before sunrise. As per the provision, such arrest can only be made in exceptional circumstances, and that too after a woman police officer obtains prior permission from Judicial Magistrate first class.

NON-MAINTENANCE OF GENERAL DIARY PER SE WON’T RENDER WHOLE PROSECUTION ILLEGAL

SUPREME COURT: NON-MAINTENANCE OF GENERAL DIARY PER SE WON’T RENDER WHOLE PROSECUTION ILLEGAL

The Supreme Court has held that non-maintenance of General Diary per se will not render the whole prosecution illegal, though it may have consequences on the merits of the case, which is a matter of trial. A bench of Justice NV Ramana and Justice S Abdul Nazeer set aside a Karnataka High Court judgment that quashed entire criminal proceedings on the ground that preliminary report conducted by the police was done without any entries made in the Station Diary as to the conduction of the preliminary enquiry. The bench observed that the absence of entries in the General Diary concerning the preliminary enquiry would not be per se illegal as there is no provision of Cr.P.C barring investigating authority to investigate into matter, which may for some justifiable ground, not found to have been entered in the General Diary right after receiving the Confidential Information

SUPREME COURT

ALL COURTS SHOULD FUNCTION AT LEAST 6 HOURS PER DAY AND 225 DAYS PER YEAR: PETITION FILED BEFORE SUPREME COURT

A Petition has been filed before the Supreme Court demanding that Court vacations be cut short in order to reduce the ever-mounting pendency of cases. Mr. Upadhyay alleges a violation of Articles 14 and 21 of the Constitution of India with denial of the right to speedy trial due to the huge pendency of cases. The Petition highlights the magnitude of the problem by placing before the Court statistics on the level of pendency. It submits that as on 1 January 2016, there existed a total of 3,11,61,724 cases pending before the courts in the country and contends that the Indian Judiciary would take 320 years to clear the backlog of about 31.28 million cases pending in various courts in India.

2. SUPREME COURT MODIFIES ORDER STAYING AMENDMENT OF DELHI MASTER PLAN

SUPREME COURT MODIFIES ORDER STAYING AMENDMENT OF DELHI MASTER PLAN

In a huge relief to Delhi Development Authority (DDA), the Supreme Court has partly modified its March 6 order staying further progress in amending the Master Plan of Delhi-2021. A bench of Justices Madan B Lokur and Navin Sinha have also given the Centre a window of 15 days for inviting objections to the proposed changes. It asked the Centre to consider the objections to the proposed amendments to the Master Plan of Delhi (MPD) and take a final call after considering all the aspects.