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Jan 4 23 tweets 13 min read
The NCLAT will hear today Google's appeal against the CCI order imposing a fine of Rs 1336 crore on the tech giant for its alleged anti-competitive conduct.
@Google @CCI_India #NCLAT Image
The CCI had concluded that Google was indulging in anti-competitive conduct when it came to its Android mobile ecosystem. It had also issued a series of non-monetary sanctions.
@Google @CCI_India #NCLAT
In its appeal, Google has argued that the CCI's findings are patently erroneous and ignores exculpatory evidence.
@Google @CCI_India #NCLAT
The appeal will be heard at 10:30 by a two-member bench of Justice Rakesh Kumar, member (judicial) and Dr Alok Srivastava, member (technical).
@Google @CCI_India #NCLAT
Hearing starts.
Sr Advocate Abhishek Manu Singhvi appears for Google.
@Google @CCI_India #NCLAT
Singhvi: It is an extraordinary order.
@Google @CCI_India #NCLAT
Bench: Without proper hearing in the case, no order can be passed.
@Google @CCI_India #NCLAT
Singhvi explains the case.
Android is an open system, unlike the IOS which is closed: Singhvi.
@Google @CCI_India #NCLAT
Sr Adv Mukul Rohatgi appears and says he is representing a group of Indian businesses and wants to be impleaded in the matter.
@Google @CCI_India #NCLAT
Bench: We are not passing any orders today. The normal course in appeals like this is to summon the records.
@Google @CCI_India #NCLAT
Rohatgi: The order is from October. There is no urgency. You (Google) have driven us out of business.
@Google @CCI_India #NCLAT
Bench: Even before we give an interim order, we need to understand the matter and go through the records. How do you expect us to pass the order after hearing you for half an hour?
Singhvi: I am only asking for interim relief. Allow me to summarise the matter and hear us tomorrow.
@Google @CCI_India #NCLAT
Singhvi explains the case.
@Google @CCI_India #NCLAT
Bench: Alright. On the issue of interim stay, we will issue notice.
@Google @CCI_India #NCLAT
Singhvi reads CCI directions.
@Google @CCI_India #NCLAT
Singhvi: By this order they are changing the status that has existed since 2005. For the last 17 years.
@Google @CCI_India #NCLAT
Singhvi: You are now telling me to change the structure.
Bench: We will hear it.
@Google @CCI_India #NCLAT
Singhvi: They have just copy pasted the European commission order.
Bench (in a lighter vein): There must be some wisdom there. They could have given a citation.
@Google @CCI_India #NCLAT
Bench: We will fix in Feb on the point of interim stay. At the moment we are not passing any interim orders.
Order: We have heard Dr Singhvi. The matter requires detailed hearing. Issue notice.
Order: The appellant is directed to deposit 10% of the fine amount with the Registrar NCLAT as interim measure. Court to hear the application for interim relief and stay on the CCI order on Feb 13.
Matter to be heard finally in April.

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More from @barandbench

Jan 6
Bombay High Court is hearing plea by Johnson and Johnson company challenging the orders restraining them from manufacturing baby powder in their facility in Mumbai suburbs.

#BombayHighCourt Image
Court: This is a matter of some concern for everyone. If there is some problem wih any pharmaceutical product. We want the regulator to act swiftly. We cannot act like regilator. We do not understand what the solution.
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#BombayHighCourt
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Jan 5
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Jan 5
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#DelhiHighCourt @zoo_bear #MohammedZubair Image
The plea was filed by Zubair in 2020 and the court had directed Delhi Police to not take any coercive action against the fact-checker.
#DelhiHighCourt @zoo_bear #MohammedZubair @AltNews
In May last year, Delhi Police filed a status report in the HC stating that Zubair's tweet does not constitute a cognisable offence.

Read the full story here:
barandbench.com/news/litigatio…
Read 10 tweets
Jan 5
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#DelhiHighCourt @msisodia #ManjinderSinghSirsa #Hansrajhans Image
Manish Sisodia had sued six BJP leaders for defamation after they alleged corruption in construction of classrooms in Delhi government schools.
#DelhiHighCourt @msisodia #ManjinderSinghSirsa #Hansrajhans
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Hans and Sirsa have come to court challenging the same summoning order.
#DelhiHighCourt @msisodia #ManjinderSinghSirsa #Hansrajhans
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Jan 5
Supreme Court directs Director General of State of UP to file a personal affidavit showing if UP has followed the judgment of SC which stated that state was duty bound to consider premature release in terms of its own policy without any application to be filed

#SupremeCourt Image
CJI DY Chandrachud: DG of State of UP shall file a personal affidavit setting out the details: 1. Number of steps taken in pursuance of the judgment in Rashidul and the institutional arrangements put in place,
CJI: 2. How many convicts are eligible for premature release district wise, 3. How many cases have been considered for premature release since the judgment of Rashidul Zafar,
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Jan 5
[Haldwani Evictions]

#SupremeCourt will today hear petitions against Haldwani railway land eviction

More than 4,000 families are facing eviction from railway land in Haldwani’s Banbhoolpura area after an Uttarakhand HC order directed the removal of encroachments

#Haldwani Image
A fresh plea related to #Haldwani evictions mentioned before CJI DY Chandrachud

CJI: Whatever happens before that bench will apply to all

#SupremeCourt
#HaldwaniEviction matter to begin shortly #SupremeCourt
Read 28 tweets

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