Legal News | 19 September

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Supreme Court Denies Vested Right for Regularisation in Long-term Contracts

In a recent ruling, the Supreme Court declared that prolonged employment on a contractual basis does not grant individuals a vested legal right to secure regularisation in their roles. This decision arose from an appeal by individuals who had been engaged at Shri Guru Govind Singh Institute of Engineering and Technology on contractual terms since 2011, with aspirations for regularisation.

The state authorities informed the court that the appointment process for these positions had already concluded. The bench, comprising Justice Aniruddha Bose and Justice Bela M Trivedi, acknowledged the dedication of the petitioners to the institute but affirmed that their continuous service did not establish a legal entitlement to regularisation. The ruling upheld the Bombay High Court’s stance on the matter, emphasising the absence of any applicable regularisation scheme.

Supreme Court Clarifies Service Requirements for Summons and Plaint under Order V Rule 2 of CPC

The Supreme Court has ruled that under Order V Rule 2 of the Code of Civil Procedure, 1908 (CPC), service entails delivering summons along with a copy of the plaint. This judgment came during a challenge against a Delhi High Court Commercial Division order. The case involved determining the start date for calculating the limitation period for filing a written statement in a suit, where summons were served through two methods: a bailiff and speed post.

The petitioner argued that Order V Rule 2 necessitated serving summons with the plaint, a position accepted by the Apex Court. Although the High Court questioned the incomplete service claim, the Supreme Court declined to intervene, deeming it a matter of fact.

Andhra Pradesh High Court Reserves Verdict on Chandrababu Naidu’s Plea Against FIR & Remand

The Andhra Pradesh High Court is currently deliberating on the petition submitted by former Chief Minister N. Chandrababu Naidu, challenging the FIR in the multi-crore Skill Development Scam case, for which he was apprehended last week.

Senior Advocate Harish Salve is presenting Naidu’s case before Justice K. Sreenivas Reddy’s bench. Naidu has filed requests to annul the FIR and revoke his judicial remand. Stay tuned for live updates on this developing legal matter.

Competition Commission of India Welcomes Three New Members to Achieve Full Quorum

The Competition Commission of India (CCI) has added three new members to its ranks. Anil Agarwal, Sweta Kakkad and Deepak Anurag have been appointed to this regulatory body, completing its quorum.

These appointments bring the total number of CCI members to four, including Chairperson Ravneet Kaur.

Anil Agarwal is a former Director General of Police and previously held the position of Additional Secretary at the Department for Promotion of Industry and Internal Trade. He is a 1988 batch IPS officer of the Uttar Pradesh cadre.

Deepak Anurag has served as a former Additional Deputy Comptroller and Auditor General of India.

Sweta Kakkad, an independent lawyer, formerly held the role of Interim Chief Compliance Officer at WhatsApp. With over two decades of experience in commercial corporate litigation, she has worked in the offices of Senior Advocate Amarjit Singh Chandhiok and the former Amarchand Mangaldas.

Delhi High Court Cracks Down on Fake “Burger King” Websites, Orders Investigation

The Delhi High Court has taken strong measures to halt the operation of fraudulent websites impersonating Burger King, which were deceiving individuals seeking franchise licenses for the fast-food chain. In response, the Court directed the National Internet Exchange of India (NIXI) not to allow registrations for websites with domain extensions like ‘.co.in’ or ‘.in’ containing ‘Burger king.’

The Department of Telecommunications (DoT) and the Ministry of Electronics and Information Technology (MeitY) were instructed to issue immediate blocking orders for these domain names and websites, to be enforced by all Internet Service Providers (ISPs). The Court also called for an investigation by the Delhi Police into these fake websites, which were fraudulently collecting money using Burger King’s brand and marks.

Justice Prathiba M Singh emphasised the need for “stringent action” against domain name misuse, extending an interim injunction order to cover two additional domain names and ordering their suspension. The Court also frose a bank account used for fraudulent transactions and directed the bank to disclose the account holder’s identity and KYC details. Additionally, GoDaddy.com was ordered to block a fraudulent website operating under the name ‘www.burgerkingind.co.in.’

This proactive approach aims to protect Burger King’s brand and potential victims of the fraudulent schemes.


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