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SC refuses to interfere with NCLAT order, extends deadline for Google to deposit 10 pc penalty
NEW DELHI, (ANI): The Supreme Court on Thursday refused to interfere with the National Company Law Appellate Tribunal (NCLAT) order directing Google India to deposit a 10 per cent of Rs 1,337.76 crore penalty imposed on the technology giant by the Competition Commission of India (CCI) for alleged anti-competitive practices.
A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala granted Google India one week to comply with the NCLAT order to deposit a 10 per cent penalty.
It has sent the matter back to the Tribunal and directed the NCLAT to dispose of the appeal filed by Google by March 31, 2023. The apex court took into note that NCLAT directed Google to deposit a 10 per cent penalty without deciding the application for a stay.
“Findings by CCI cannot be said to be without jurisdiction or with manifest error,” the bench observed. The Tribunal declining interim relief had posted the plea of Google for hearing in April.
After facing a setback at NCLAT, which refused to stay a CCI order on abuse of dominant position in multiple markets in the Android mobile device ecosystem case, Google approached the Supreme Court.
Google has challenged the January 4 order of the NCLAT which refused to stay the CCI order reasoning that the CCI’s order was passed in October 2022, while the appeal by Google was filed only in December 2022 and hence, no case for interim relief was made out.
Since no urgency was shown in filing the appeal, Google could not be allowed to insist on interim relief, the Tribunal has said. NCLAT has also directed Google to deposit 10 per cent of the Rs 1337.76 crore fine amount within three weeks and posted the matter for hearing in April.
The CCI had, in October 2022, imposed the penalty on Google for abusing its dominant position in multiple markets in the Android mobile device ecosystem and also directed Google to cease and desist from participating in anti-competitive practices. Google challenged the CCI order in the NCLAT, which is an appellate authority over the CCI against any direction issued by the regulator. (ANI)
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Maharashtra Governor Ramesh Bais pays tribute to Chhatrapati Shivaji on Shiv Jayanti
MUMBAI, (PTI): Maharashtra Governor Ramesh Bais paid floral tribute to the statue of Chhatrapati Shivaji Maharaj on Sunday at Shivaji Park on the occasion of Shiv Jayanti.
The great Chhatrapati Shivaji Maharaj laid the foundation of the Maratha Empire in western India for which he fought hard with the Mughal ruler Aurangzeb.
BJP has decided to celebrate the birth anniversary of Shivaji Maharaj on 19th February in different wards of Mumbai. On the other hand, Mumbai BJP President MLA Ad Ashish Selar had told on Thursday that the Shiv Jayanti program would be organized at 346 places in Mumbai.
Earlier Prime Minister Narendra Modi on Sunday paid tribute to Chhatrapati Shivaji Maharaj on his birth anniversary and said that his bravery and emphasis on good governance inspire all. PM Modi took to Twitter and wrote, “I pay homage to Chhatrapati Shivaji Maharaj on his Jayanti. His courage and emphasis on good governance inspires us”.
Shivaji Maharaj was born on February 19, 1630, at Shivneri Fort in Pune. The major objective of his birthday is to honour the great warrior’s contribution to the restoration of the Maratha Empire and to recognize his legacy. (PTI)
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“Police arrangement completely collapsed…” Rahul Gandhi on cancelling Bharat Jodo Yatra in J-K
SRINAGAR, (ANI): Congress MP Rahul Gandhi, who is on Bharat Jodo Yatra in Kashmir, had to “cancel” his yatra on Friday due to an alleged security lapse at Quazigund.
“This morning during the Bharat Jodo Yatra, unfortunately, the police arrangement completely collapsed and the police who were supposed to manage the crowd was nowhere to be seen. My security people were very uncomfortable with me walking further on the yatra so I had to cancel my walk. Other yatris did the walk,” Rahul Gandhi said addressing a press conference in Jammu and Kashmir’s Anantnag.
Further speaking on security issues, Gandhi said, “I think it is important the police manages the crowd so that we can do the yatra. It’s very difficult for me to go against what my security people are recommending.” “I don’t know why it happened but it should not happen tomorrow and the day after tomorrow,” he added.
When asked if Rahul Gandhi would continue his padayatra in wake of security lapses by the J-K administration as alleged by his party, the Wayanad MP said, “Yes, we will. It will continue.”
Meanwhile, the party’s national spokesperson Jairam Ramesh tweeted, “Politics has its place but by playing with the security of Rahul Gandhi in the Kashmir valley, the government has stooped to its lowest level. India has already lost Indira Gandhi and Rajiv Gandhi, any government or administration should desist from doing politics on such matters.”
Congress in-charge of Jammu and Kashmir and Ladakh, Rajani Patil, had earlier reported security lapses in Congress leader Rahul Gandhi-led Bharat Jodo Yatra and accused the administration of the Union Territory of failing to manage the crowd. “J&K UT Administration failed to provide security to #BharatJodoYatra led by Shri @RahulGandhi. Security lapses indicate unfair & unprepared attitude of UT administration. @OfficeOfLGJandK,” Rajani Patil said in a tweet along with a picture from the spot.
All India Congress Committee (AICC) General Secretary KC Venugopal also said that there was no security personnel with the Bharat Jodo Yatra for 15 minutes, and termed it a ‘serious lapse’. “The security has been mishandled by concerned agencies here. For 15 mins, there have been no security officers with the Bharat Jodo Yatra here. This is a serious lapse. Rahul Gandhi and other yatris can not walk without security,” Venugopal said speaking to media persons.
“The sudden withdrawal of security personnel from the D-area has caused a serious security breach at the Bharat Jodo Yatra at Banihal, Kashmir. Who ordered this? The authorities responsible must answer for this lapse and take appropriate steps to prevent such incidents in future,” Venugopal tweeted. Rahul Gandhi-led Bharat Jodo Yatra, which is in its final leg in Jammu and Kashmir, resumed on Friday morning from the National Highway-44, Banihal Railway station, in the UT’s Ramban district.
Security was tightened in the area in the wake of the recent twin blasts on the outskirts of Jammu city on January 22 which rocked a busy locality in Narwal leaving at least nine people injured. The Bharat Jodo Yatra, which started in Kanyakumari on September 7, will conclude on January 30 in Srinagar after covering 3,970 km, 12 states and two Union territories. (ANI)
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WFI rejects wrestlers’ allegations in reply to government, claims protest is motivated
NEW DELHI, (PTI): The Wrestling Federation of India (WFI) has rejected all the allegations, including that of sexual harassment against its president Brij Bhushan Sharan Singh, and claimed that the wrestlers’ protest was motivated by a ”hidden agenda to dislodge the current management”.
The WFI denied all the charges in its response to the government’s notice and asserted that ”there is no scope for arbitrariness and mismanagement ” in the federation.
The Sports Ministry had sought an explanation from WFI after the country’s top wrestlers sat on a dharna and alleged that the federation chief sexually harassed women wrestlers and acts like a ”dictator”.
The WFI sent its reply on Friday evening and, few hours later, the wrestlers called off their protest after the government announced that it will form an oversight committee to probe the charges. It also said the WFI chief will step aside till the investigation is over.
”The WFI is managed by an elected body as per its constitution, and therefore, there is no scope for arbitrariness and mismanagement in WFI by any one individually, including the president,” the WFI said in its response to the Sports Ministry.
”The WFI, in particular, under the sitting president has always acted keeping the best interests of wrestlers in mind.
”The WFI has enhanced the image of wrestling sport nationally as well as internationally and for the record of this ministry, it is not possible without fair, supportive, clean and strict management of WFI,” it added.
The allegations were made by renowned wrestlers Vinesh Phogat, Bajrang Punia, Sakshi Malik and Ravi Dahiya.
The federation brought to the notice of the government that it has a five-member sexual harassment committee in place, chaired by its secretary general VN Prasood and which also has Sakshi as a member.
It said the charges were ”motivated, biased, unfounded, untrue and false” and that the allegations were made solely with a view to harm the president, the WFI and its coaches.
”Any aggrieved person/wrestler may approach the said committee for its grievances if any, and the committee is bound to inquire as per law. However, no such complaint of any such nature as has been received from the protestors/wrestlers,” the WFI wrote.
The wrestlers, including young Anshu Malik, Sangeeta Phogat and Sonam Malik among others, started a sit-in protest at Jantar Mantar here on Wednesday and demanded the sacking of the WFI chief.
The wrestlers also demanded that the WFI be disbanded immediately and a new panel is formed, including grapplers.
The WFI listed 23 national events conducted in 2022 and claimed it ”speaks of fair, supportive, clean and strict management”.
The WFI questioned the timing of the protest, and said vested interests are behind it.
”…who have evidently acted more in personal interest or under undue pressure or under any bigger conspiracy to malign and defame the present management of the WFI or president for vested interest only.
”The protesting wrestlers are accountable to explain for themselves, to the public as well as the Ministry of Youth Affairs and Sports, particularly when mostly the protestors are seen coming together from a particulars region/state of Haryana,” the federation wrote.
”It would also be worth drawing attention that even the next election of WFI is due in near future of 2023… that the protest is not in the best interest of the wrestlers, it has some personal as well as hidden agenda to dislodge the current management of WFI.” The letter, signed by WFI secretary general V N Prasood, also said that the federation is ready to cooperate with the government and will provide all the necessary information the ministry seeks. (PTI)
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Cong suspends Yatra for 24 hours in respect of party MP Santokh Choudhary, Rahul postpones presser
NEW DELHI, (PTI): The Congress on Saturday suspended its Bharat Jodo Yatra, which was in Punjab, for a day as a mark of respect for party MP Santokh Singh Choudhary who died following a heart attack during the march.
Former Congress chief Rahul Gandhi also postponed his scheduled press conference at Jalandhar on January 15, and it will now take place at Hoshiarpur on January 17.
”Bharat Jodo Yatra will be suspended for 24 hours as a mark of respect for Santokh Singh Choudhary, Congress MP from Jalandhar who passed away this morning. The Yatra will resume tomorrow afternoon from Khalsa College Ground, Jalandhar,” AICC general secretary Jairam Ramesh said on Twitter.
”Due to the unexpected and shocking demise of Santokh Singh Chaudhary, Congress MP from Jalandhar, the press conference of Rahul Gandhi originally scheduled in Jalandhar tomorrow will now be held on 17th January in Hoshiarpur,” he said in another tweet.
Choudhary died on Saturday morning after suffering a cardiac arrest during the Bharat Jodo Yatra. He was 76.
The two-time MP was taking part in the Rahul Gandhi-led march in Phillaur in Jalandhar where he fainted, said senior party leader Partap Singh Bajwa, who was also marching with other yatris.
Chaudhary was rushed to a hospital in Phagwara in an ambulance where he was declared brought dead. Later, his body was shifted to his residence.
The Bharat Jodo Yatra had resumed in Punjab on Saturday after a day’s break for Lohri. (PTI)
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MCD Mayor Elections: House adjourned amid clash between AAP, BJP councillors
NEW DELHI, (ANI): Amid chaos and clash between Bharatiya Janata Party (BJP) and Aam Aadmi Party councillors at the Civic Center on Friday, the MCD House was adjourned even before the commencement of voting for mayoral polls. Councillors from both parties clashed and then took to protests with sloganeering against each other ahead of the Delhi Mayor polls.
Marshals had to make their presence felt as several councillors were injured in the process. BJP has claimed that its councillors Inder Kaur, Anita Deoli and Kamaljeet Sherawat sustained injuries during the protest while AAP took to social media to list its injured.
“There was a fatal attack on our councilor in the MCD House. BJP councilors involved in the attack,” AAP MLA Saurabh Bharadwaj said. A huge ruckus was witnessed at the Civic Centre, before the commencement of voting for the Delhi mayor elections, over the swearing-in of nominated councillors.
High drama ensued in the house for over an hour as Delhi was all set to elect its first single mayor in 10 years after the Municipal Corporation of Delhi (MCD) was unified last year. High pitched ruckus was heard in the MCD House as the presiding officer invited aldermen Manoj Kumar to take oath first. The presiding officer, MCD commissioner and other officials left the House after the ruckus.
Aam Aadmi Party, which won the MCD polls, with 134 seats has fielded two candidates – Shelly Oberoi along with Ashu Thakur. While Rekha Gupta, a three-term councillor from Shalimar Bagh, is the BJP’s nominee for the mayor poll. BJP MPs Dr Harsh Vardhan and Gautam Gambhir along with Pravesh Verma and Ramvir Singh Bidhuri were present during the proceedings of the house.
The AAP, which ended the 15-year-long reign of the Bharatiya Janata Party in the MCD polls held on December 4, has cried foul play over Delhi Lieutenant Governor VK Saxena’s decision to appoint BJP councillor Satya Sharma as the presiding officer of MCD and 10 aldermen to the civic body. As the House was adjourned over the ruckus, the LG House issued a clarification and said that any attempts to deviate from the decision or create confusion regarding it by the Aam Aadmi Party is nothing but its characteristic politics of deceit, blatant lies and deliberate attempts at misleading.
Along with the post of mayor and deputy mayor, the standing committee members will also be elected. Seven candidates are in the fray for 6 posts on the Standing Committee. Aam Aadmi Party has fielded Amil Malik, Raminder Kaur, Mohini Jeenwal and Sarika Chowdhary while BJP has Kamaljeet Sehrawat, Gajendra Daral and Pankaj Luthra as its candidates for the Standing Committee.
Along with this, 7 Lok Sabha MPs of Delhi, 3 Rajya Sabha MPs and 14 MLAs among the nominated people, who have been made on the consent of the Speaker of the Delhi Legislative Assembly, will also take part in the voting. The AAP has named Aaley Mohammad Iqbal and Jalaj Kumar as the contenders for the deputy mayor’s post, who have been pitted against Ram Nagar councillor Kamal Bagri. (ANI)
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Fix responsibility for any lapse on part of police in Kanjhawala incident, Delhi LG to Police Commissioner
NEW DELHI, (ANI): Delhi Lieutenant Governor Vinai Kumar Saxena on Monday took stock of the developments in the unfortunate Kanjhawala incident and asked the police to ensure that the accused are treated as per law, irrespective of their socio-economic standing or political affiliations, sources said.
They said Lt Governor held a meeting with Delhi Police Commissioner Sanjay Arora and said responsibility should also be fixed for any lapse or laxity on part of the police.
He told the Police Commissioner that every angle and aspect of the case be looked into and the strictest possible sections and provisions of IPC should be invoked against the accused, who are already in custody.
The LG, who is keeping a tab on the situation on a ‘Real Time Basis’, also asked the authorities to keep him abreast of the autopsy report and its corroboration with the findings of the Police investigation.
“LG instructed the Police Commissioner to strictly ensure that the accused are treated as per law, irrespective of their socio-economic standing or political affiliations. The LG also asked him to ascertain whether there was any lapse on part of the Police and directed that responsibility be fixed for any lapse or laxity on part of the Police,” a source said. The LG also asked officers to ascertain if anyone in the victim’s family could be provided government employment.
“LG has again requested to all to not politicize this unfortunate incident and refrain from insensitive and opportunistic scavenging,” the release said. The incident took place in Delhi’s Kanjhawala where a 20-year-old woman was killed after her scooty was hit by a car and she was dragged for a few kilometres on Sunday.
The police have arrested five accused in the case who were granted three days of police remand by Delhi’s Rohini Court on Monday. Aam Aadmi Party (AAP) spokesperson Saurabh Bhardwaj on Monday alleged that Delhi Police is shielding Kanjhawala case accused Manoj Mittal, who is a leader of the Bharatiya Janata Party.
Bhardwaj also alleged that there is a possibility of rape of the victim and said no action has been taken against the police for alleged laxity. BJP leader Manoj Tiwari accused AAP of indulging in politics and said “whoever is guilty should be punished severely” (ANI)
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SC upholds Centre’s 2016 decision on demonetisation, says decision-making process not flawed
NEW DELHI, (PTI): The Supreme Court in a 4:1 majority verdict on Monday upheld the government’s 2016 decision to demonetise the Rs 1,000 and Rs 500 denomination notes, saying the decision-making process was not flawed.
There has to be great restraint in matters of economic policy and the court cannot supplant the wisdom of the executive by a judicial review of its decision, a five-judge Constitution bench of the apex court, headed by Justice S A Nazeer, said.
Justice B V Nagarathna dissented from the majority judgment on the point of the Centre’s powers under section 26(2) of the RBI Act and said the scrapping of the Rs 500 and Rs 1,000 series notes had to be done through a legislation and not through a notification.
”Parliament should have discussed the law on demonetisation, the process should not have been done through a gazette notification. Parliament cannot be left aloof on an issue of such critical importance for the country,” Justice Nagarathna said.
She also said there was no independent application of mind by the Reserve Bank of India (RBI) and only its opinion was sought, which cannot be said to be a recommendation.
The bench, also comprising justices B R Gavai, A S Bopanna and V Ramasubramanian, said the Centre’s decision-making process could not have been flawed as there was consultation between the RBI and the Union government.
The top court’s judgment came on a batch of 58 petitions challenging the demonetisation exercise announced by the Centre on November 8, 2016.
The court said the notification dated November 8, 2016, which announced the decision to scrap the high-value currency notes, cannot be said to be unreasonable and struck down on the ground of decision-making process.
It added that it is not relevant whether the objective behind the decision was achieved or not.
”There was consultation between the Centre and the Reserve Bank of India for a period of six months. We hold that there was a reasonable nexus to bring such a measure, and we hold that demonetisation was not hit by the doctrine of proportionality,” the bench said. (PTI)
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Tunisha Sharma case: Sheezan Khan sent to 14 days judicial custody, police demand for further remand disallowed
MUMBAI: Tv actor Sheezan Khan was produced in the Vasai court today for further remand. The police were pressing for 1-2 days further custody as the investigation is still to be completed and the WhatsApp chats have to be recovered, they claimed
However, the court rejected the police demand and remanded him to judicial or magistrate or court custody for 14 days.
Sheezan Khan will be sent to the Thane Central jail (or the Taloja jail) and most probably he will have to spend New Year’s Eve at the Thane jail.
The Waliv police of Palghar district of Maharashtra produced TV actor Sheezan Khan, the key accused in the Tunisha Sharma death case, in the Vasai court as his police custody ends Saturday.
Sheezan Khan is a costar and former boyfriend of Tunisha, who was allegedly found hanging at a TV serial set near Vasai on December 24, barely 15 days after they called it quits.
28-year-old Sheezan Khan was arrested on charges of abetment to suicide on December 25, after Tunisha Sharma’s mother named him in the FIR, holding him responsible for her daughter’s death.
The Magistrate’s Court on Friday sent Sheezan to police custody till today (Saturday). So far, the police have recorded the statements of 27 people in the matter.
According to the police, Sheezan has not been cooperating with the investigation and has repeatedly changed his statements when asked about the chats with his “secret girlfriend”.