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The <keyword id="6360667" type="General" weightage="20" keywordseo="madras-high-court" source="Orion">Madras High Court</keyword> on Thursday stayed two sub-sections under <keyword id="10826959" type="General" weightage="20" keywordseo="IT-rules-2021" source="Orion">IT Rules 2021</keyword>'s Rule 9, which provide for a three-tier structure for addressing the grievances made in relation to publishers, under the Code of Ethics annexed to the rules. A bench of Chief Justice Sanjib Banerjee and Justice P.D. Audikesavulu passed the order on two petitions that were filed challenging the validity of the <keyword id="645424" type="General" weightage="20" keywordseo="it-rules" source="Orion">IT Rules</keyword>. Carnatic musician T.M. Krishna had filed a public interest litigation, while the Digital News Publishers Association, and journalist Mukund Padmanabhan had also filed a writ petition in the matter. "There is a substantial basis to the petitioners' assertion that there may be a violation of Article 19 (1)(a) (of the Constitution) in how the Rules may be coercively applied to intermediaries....," the court observed. Earlier, the same sub-section of Rule 9 had been stayed by the Bombay High Court on August 14. With the Supreme Court scheduled to take up transfer petitions next month, the Madras High Court posted further hearing of the case to October 27. SEE ALSO <a href="https://www.businessinsider.in/careers/news/the-only-way-to-beat-the-bots-from-taking-your-job-is-to-be-more-human/articleshow/86282273.cms" data-type="tilCustomLink">Future of Work 2021: The only way to beat the bots from taking your job is to be more human</a> <a href="https://www.businessinsider.in/stock-market/news/biocon-hero-motocorp-tvs-motor-banks-and-other-top-stocks-to-watch-out-for-on-september-17/articleshow/86281250.cms">Biocon, Hero MotoCorp, TVS Motor, banks and other top stocks to watch out for on September 17</a> <a href="https://www.businessinsider.in/business/news/biocon-biologics-to-offer-15-stake-to-serum-institute-life-sciences-at-valuation-of-4-9-billion/articleshow/86281318.cms">Biocon Biologics to offer 15% stake to Serum Institute Life Sciences at valuation of $4.9 billion</a>

Madras High Court stays 2 sub-sections of the new IT Rules

<ul><li>The Indian government has asked Google and Apple to take down TikTok from their app stores.</li><li>Users that don’t already have the app will no longer be able to download it. </li><li>This comes after the Indian <keyword id="6354977" type="ORGANIZATION" weightage="20" keywordseo="Supreme-Court">Supreme Court</keyword> refused a stay order on the <keyword id="7319188" type="UNKNOWN" weightage="20" keywordseo="TikTok-ban">TikTok ban</keyword> issued by the <keyword id="6360667" type="UNKNOWN" weightage="20" keywordseo="madras-high-court">Madras High Court</keyword>.</li></ul>Update: Google and Apple have pulled TikTok from their mobile application stores in India. The Indian government has <a href="https://economictimes.indiatimes.com/tech/software/no-sc-stay-on-ban-government-asks-apple-google-to-take-down-tiktok-app/articleshow/68898483.cms">asked</a> Google and Apple to remove the video streaming mobile app, TikTok, from their respective app stores. The new directive issued by the Ministry of Electronics and Information Technology (MeitY) means that users who don’t already have the app, won’t be able to download it once the order goes into effect. 
	<div type="image" title="tiktok ban" msid="68916203" hostid="261" caption="&amp;lt;p&amp;gt;TikTok is no longer available to download in India&amp;#39;s Google Play Store&amp;lt;/p&amp;gt;"></div>

 At the time of writing this article, TikTok was still available in the Google Play Store and Apple’s App Store. But the app has since become unavailable in both mobile application stores. 
 <div type="ExtQuote" text="We welcome the decision of the Madras High Court to appoint Arvind Datar as Amicus Curae (independent counsel) to the court. We have faith in the Indian judicial system and we are optimistic about an outcome that would be well received by over 120 million monthly active users in India, who continue using TikTok to showcase their creativity and capture moments that matter in their everyday lives." auname="Official statement by TikTok"></div>



 TikTok was banned in the south Indian state of Tamil Nadu for ‘encouraging porn’ last week by the Madras High Court. The Indian high court’s <a href="https://www.businessinsider.in/tiktok-ban-in-india-for-hosting-porn/articleshow/68720430.cms">interim order</a> also included a request to the central government of India to advocate a ban nationwide. The Chinese video-based social networking app then <a href="https://www.businessinsider.in/tiktoks-appeal-against-ban-for-hosting-porn-in-indian-supreme-court/articleshow/68851962.cms">filed a petition</a> with India’s supreme court citing their concern that the ban on TikTok will “amount to curtailing the rights of the citizens of India.” They also expressed that they’re not responsible for third-party content on their platform and the Information Technology (Intermediaries Guidelines) Rules, 2011 gives TikTok conditional legal safeguards in that regard. TikTok even <a href="https://www.gadgetsnow.com/tech-news/tiktok-removes-over-6-million-videos-for-violating-community-guidelines-in-india/articleshow/68865656.cms">removed</a> 6 million videos from its service last week to address the problem of inappropriate content on the app. When the matter finally came up in front of the court on Monday, the Supreme Court <a href="https://www.livemint.com/technology/tech-news/supreme-court-refuses-to-stay-ban-on-tiktok-app-use-1555312603858.html">refused</a> to implement a stay against the Madras High Court’s ban. Abhishek Manu Singhvi, a senior advocate and law council for ByteDance, explained that the ban was causing irreparable damage to the company. He further contested that the Indian High Court in Madras had issued an interim order without giving TikTok the opportunity to defend itself. The matter will be heard on April 16 by the Madras High Court. And, the three-person Supreme Court bench headed by Chief Justice Ranjan Gogoi will hear the case on April 22 after observing the proceedings tomorrow. See also: <a href="https://www.businessinsider.in/tiktok-ban-in-india-for-hosting-porn/articleshow/68720430.cms">An Indian court has banned TikTok for ‘encouraging pornography’</a> <a href="http://v">Banned for hosting porn, TikTok cites damage to free speech in its appeal to India’s Supreme Court</a> <a href="http://v">Teens are getting arrested for playing PUBG in India</a>

If you don’t have TikTok already, you won't be able to download it anymore

<ul><li>Supreme Court has issued a three week deadline for the Indian government to submit an affidavit outlining its efforts to curb <keyword id="1892122" type="PERSON" weightage="20" keywordseo="Misuse-of-Social-Media">misuse of social media</keyword>. </li><li>The Court has also asked the government for a timeline on when social media guidelines will be ready for implementation. </li><li>The bench stated that the Supreme Court and the High Court aren’t the correct forums for such discourse. </li><li>The guidelines should include measures on how to trace messages back to their original senders. </li></ul>Online crime is a growing menace and the Indian Supreme Court has given the government three weeks to disclose steps taken towards the <a href="https://www.businessinsider.in/the-indian-government-is-looking-at-policing-online-content-on-social-media-including-breaking-end-to-end-encryption-report/articleshow/67230131.cms">thwarting misuse of social media</a> so far. The Supreme Court bench, led by Justice Deepak Gupta and Aniruddha Bose, has also asked the government to lay out the timeframe for when these guidelines will be ready to implement. The Supreme Court and the High Court aren’t the right forums to deal with issues of social media, according to Gupta, which is why the government needs to step in and have a policy in place. The guidelines should outline how information can be traced back to its original sender in order to prevent illegal activities, according to <a href="https://barandbench.com/social-media-case-sc-centre-when-guidelines-will-be-issued/">Bar &amp; Bench</a> report. At the same time, the bench also pointed out that there needs to be a balance between an individual’s right to privacy and the sovereignty of the state. The issue of encryption Platforms like WhatsApp — recently under the radar for facilitating the sharing of misinformation and fake news — have <a href="https://www.businessinsider.in/whatsapp-spyware-hack-questioned-by-indian-government/articleshow/69376429.cms">told the government</a> that tracking messages back to their original senders isn’t possible because of <a href="https://www.businessinsider.in/indias-demands-to-whatsapp-are-easier-said-than-done/articleshow/65497255.cms">end-to-end encryption</a>. This means that no one but the sender of the message and the receipt know the content. Even, WhatsApp can’t see the messages, according to the company. Senior Counsel Kapil Sibal representing Facebook and WhatsApp, pointed out that while this may be an obstacle, it’s only restricted to a select few social networking platforms. Attorney General KK Venugopal argued that even if end-to-end encryption is in place, there are workarounds. <a href="https://www.businessinsider.in/whatsapp-messages-origin-can-be-traced-says-iit-madras-professor/articleshow/70603973.cms">A professor from IIT Madras</a> has already filed an affidavit with the Madras High Court on a possible solution to the problem. Even the government has been looking into <a href="https://www.businessinsider.in/whatsapp-fingerprint-messages-to-avoid-encryption-issues-with-indian-government/articleshow/69836927.cms">digital fingerprinting</a> as a way to trace messages without breaking encryption. The Supreme Court will hold its next hearing on the matter on 22 October 2019. Before then, the Madras High Court is scheduled to hold its hearing on 1 October 2019. See also: <a href="https://www.businessinsider.in/whatsapp-messages-origin-can-be-traced-says-iit-madras-professor/articleshow/70603973.cms">After Indian government, IIT professor points out how WhatsApp messages can be traced</a> <a href="https://www.businessinsider.in/whatsapp-faces-international-pressure-to-hand-over-access-to-encrypted-chats/articleshow/70467569.cms">WhatsApp faces international pressure to hand over access to encrypted chats</a> <a href="https://www.businessinsider.in/western-governments-enter-uncharted-territory-as-they-grapple-with-problem-of-harmful-content-on-social-media/articleshow/68881827.cms">Western governments enter uncharted territory as they grapple with problem of harmful content on social media</a>

India’s Supreme Court has put the government on a timer to curb misuse of social media

<ul><li>Four major reservoirs that used to provide water to <keyword id="12864" type="COMPANY" weightage="20" keywordseo="Chennai">Chennai</keyword>, have gone dry. </li><li><keyword id="6360667" type="UNKNOWN" weightage="20" keywordseo="madras-high-court">Madras High Court</keyword> has criticised the Tamil Nadu government, for inadequate measures and has sought a comprehensive report on the steps taken. </li><li>The court’s scathing critique has come a day after the state’s Chief Minister called the reports of a water crisis an “illusion”. </li><li>Chennai Metro Water supplies only 525 million litres per day, way less than the 800 million litres required.</li></ul>The Madras high court has criticised the Tamil Nadu government for inadequately addressing the problem of water crisis in the state. The high court was hearing a petition on the exploitation of groundwater for commercial purposes, <a href="https://www.thehindu.com/news/cities/chennai/?utm_source=google&amp;utm_medium=cpc&amp;utm_campaign=chennai-th&amp;gclid=CjwKCAjwuqfoBRAEEiwAZErCsjd67SekhStnYJ-69XeOWykEWAToxj0cn2CPYT0WoeqIrzUviwsJ8hoCFSMQAvD_BwE">according to reports</a>. The judge’s comments have come a day after the state’s Chief Minister Edappadi K Palaniswami <a href="https://www.indiatoday.in/india/story/chennai-water-crisis-madras-hc-palaniswami-tamil-nadu-media-illusion-scarcity-1551677-2019-06-19">called reports of a water crisis an “illusion”</a>. "Steps to have been taken for desilting four tanks in Chennai and the availability of water for supply to public in Chennai," the court <a href="https://www.ndtv.com/chennai-news/despite-searing-heat-piped-water-supply-cut-by-40-per-cent-in-chennai-2055480">reportedly</a> said, adding that the government did not prepare when it was known that the monsoon would fail. The court further criticised the encroachment on water bodies, has directed the Public Works Department (PWD) secretary to submit a state-wide comprehensive report on the number of reservoirs in the state, steps taken for desilting, amount sanctioned, and status of those works, according to an <a href="https://www.ndtv.com/chennai-news/despite-searing-heat-piped-water-supply-cut-by-40-per-cent-in-chennai-2055480">NDTV report</a>. Situation in the state capital has worsened with four major reservoirs that used to supply Chennai its water, have gone bone dry. Majority of Chennai residents now rely on private water tankers, whose rates as well as waiting periods have doubled. The water supplies have gone down to 525 million litres per day against the required volume of 800 million litres. SEE ALSO: <a href="https://www.businessinsider.in/5000-it-employees-in-chennai-are-working-from-home-because-offices-have-run-out-of-water/articleshow/69771864.cms">5,000 IT employees in Chennai are working from home because offices have run out of water</a>

Madras High court just gave a rude wake up call to Tamil Nadu Chief Minister who is in denial of the state’s crippling water crisis

While the entire world is mourning the death of <a href="http://www.businessinsider.in/searchresult.cms?query=APJ+Abdul+Kalam">APJ Abdul Kalam</a>, former Indian president, <a href="http://www.businessinsider.in/searchresult.cms?query=Madras+High+Court">Madras High Court</a> refused to close liquor shops in the state citing that it is an ‘essential commodity’. 
 As reported by Times of India, Madras HC, on Wednesday said that like fire, milk and police, liquor too is an essential commodity for around 30% people in the state, and thus, the state government can’t give orders to close the <keyword id="389603" type="COMPANY" weightage="20" keywordseo="Tamil-Nadu-State-Marketing-Corporation">Tamil Nadu State Marketing Corporation</keyword> (<keyword id="64072" type="ORGANIZATION" weightage="20" keywordseo="Tasmac">TASMAC</keyword>)-run retail<a href="http://www.businessinsider.in/searchresult.cms?query=liquor+"> liquor shops</a> on Thursday, during the <a href="http://www.businessinsider.in/Peoples-President-Dr-Kalam-laid-to-rest/articleshow/48276717.cms">funeral ceremony of former President APJ Abdul Kalam</a>. 
 
Justice C S Karnan, who has been fetching media attention for all the wrong reasons, has sparked another controversy yet again. The HC judge has said, "In five star hotels, liquor is served from 5am to 11pm. When people in five star hotels can drink, why not these people." 
The announcement came when advocate K Baalu of the Advocates Forum for Social Justice asked the court to order closure of all TASMAC shops in the state on Thursday when Kalam was scheduled to be laid to rest at Rameswaram in Ramanathapuram district. 
 
Baalu, referring to the state notification declaring a public holiday for all government and private establishments in Tamil Nadu under the provisions of the Negotiable Instruments Act on Thursday demanded a day’s leave for all the 28,000 TASMAC employees. 
 
The state council, however, had already declared a leave of two-day –July 29 and 30 - for all TASMAC employees and has informed the court about it. 
 
The judge, however, informed that he has great respect for Kalam and that he himself was leaving for Rameswaram immediately to take part in the funeral. 
 
He also said that the courts could not direct the government to close the shops across the state without hearing the top officials of the concerned department. 
 
"We have to appreciate the policy of the government in declaring holiday, and closing liquor shops for two days in Ramanathapuram district. But the court cannot interfere with the government's revenue," Justice Karnan further added. 
 
 Image: indiatimes

Liquor ‘essential commodity’ for Chennai citizens, can’t close shops for Kalam’s funeral

<div class="KonaFilter image-container display-table"><div><div class="image on-image">GettyTikTok has been removed from the Apple and Google app stores in India.</div></div></div><ul class="summary-list"><li><a href="http://businessinsider.com/category/apple">Apple</a> and <a href="https://www.businessinsider.com/category/google">Google</a> have pulled popular video sharing app <a href="https://www.businessinsider.com/category/tiktok">TikTok</a> from their app stores in India amid pornography fears. </li><li>Earlier this month, the Madras high court asked the government to ban the app, saying it encouraged pornography and made young users vulnerable to sexual predators. </li><li>India is one of the top markets for the app. Business Insider recently reported that more than 40% of the app's new users in 2018 were from India.</li></ul>Apple and Google have pulled popular video sharing app TikTok from their app stores in India amid pornography fears. <a href="https://qz.com/india/1597347/tiktok-app-download-not-available-on-android-apple-in-india/">Quartz India</a> reported early Wednesday morning that TikTok was unavailable for download on both the Google and Apple store. Business Insider contacted Apple and Google for comment but did not immediately hear back. Earlier this month, the Madras high court asked the government to ban the app, saying that it encouraged pornography and made young users vulnerable to sexual predators. Its creator, Chinese company ByteDance, urged the court to stop this ban on the grounds that it would go against <a href="https://www.businessinsider.com/google-blocks-tiktok-in-india-2019-4?r=US&amp;IR=T">freedom of speech rights in India</a>.In its Supreme Court filing, Bytedance <a href="https://www.bbc.co.uk/news/business-47957684">said</a> that a "very minuscule" proportion of TikTok content was considered inappropriate or obscene. Bytedance did not immediately respond to Business Insider's request for comment.Read more: <a href="https://www.businessinsider.com/tiktok-hit-1-billion-downloads-surpassing-instagram-in-2018-2019-2?r=US&amp;IR=T">TikTok was bigger than Instagram last year after passing the 1 billion download mark</a>India is one of the top markets for the app. Business Insider recently <a href="https://www.businessinsider.com/tiktok-hit-1-billion-downloads-surpassing-instagram-in-2018-2019-2?r=US&amp;IR=T">reported</a> that mor than 40% of the app's new users in 2018 were from India, citing data from <a href="https://sensortower.com/blog/tiktok-downloads-one-billion">app analytics site Sensor Tower</a>. There are more than 120 million TikTok users in the country, the firm said, and <a href="https://www.theguardian.com/world/2019/apr/17/tiktok-india-bans-video-sharing-app">500 million</a> worldwide.The <a href="https://qz.com/india/1597347/tiktok-app-download-not-available-on-android-apple-in-india/">case for a national ban</a> will go to the supreme court in India on April 22. "We have faith in the Indian judicial system and we are optimistic about an outcome that would be well received by over 120 million monthly active users in India, who continue using TikTok to showcase their creativity and capture moments that matter in their everyday lives," the company said in a statement to the press, as reported by <a href="https://qz.com/india/1597347/tiktok-app-download-not-available-on-android-apple-in-india/">Quartz India.</a>Get the latest Google stock price<a href="http://markets.businessinsider.com/stock/GOOG-Quote"> here.</a> <div class="margin-top"> <h3>NOW WATCH: <a href="https://www.businessinsider.com/disney-plus-finally-reveal-its-streaming-platform-2019-4">Disney Plus is set to have more than 500 movies and 7,500 TV shows. Here's a look at which ones you'll find.</a></h3> <div> </div> </div>

Apple and Google yanked TikTok in a giant market over worries about pornography

<ul><li><keyword id="6354977" type="General" weightage="50" keywordseo="supreme-court" source="Orion">Supreme Court</keyword> to hear a plea on a law prohibiting betting and wagering in online games.</li><li>The <keyword id="6354780" type="General" weightage="100" keywordseo="karnataka" source="Orion">Karnataka</keyword> government contended that cybercrime has become a major issue in the last three years while emphasising the need for a law against online gaming.</li><li>Senior advocates <keyword id="195903" type="General" weightage="80" keywordseo="mukul-rohatgi" source="Orion">Mukul Rohatgi</keyword>, A.M Singhvi, and <keyword id="1326066" type="General" weightage="80" keywordseo="shyam-divan" source="Orion">Shyam Divan</keyword>, represented the gaming companies' associations.</li></ul>The Supreme Court on Friday agreed to hear a plea by the Karnataka government, challenging the Karnataka High Court judgment, which struck down provisions of law prohibiting betting and wagering in online games. Senior advocates Mukul Rohatgi, A.M Singhvi, and Shyam Divan, represented the gaming companies' associations, submitted before a bench of Justices S. Abdul Nazeer and V. Ramasubramanian that the issue was whether it was game of skill or chance or gambling. The Karnataka government contended that cybercrime has become a major issue and cited filing of 28,000 cases in the last three years, while emphasising the need for a law against online gaming to maintain public order. It further argued that people have died by suicide and the online gaming has ruined many families, therefore it was necessary to deal with its ill effects. The state government's plea said: "The Karnataka Police (Amendment) Act, 2021 made criminalised wagering, betting or risking money on the unknown result of an event." On February 14 this year, the high court struck down the government's ban and the legal provision which criminalised playing games of skill, including online games, and betting. The top court issued notice to online gaming industry body All India Gaming Federation and skill-based gaming firms. It directed to tag this matter with a similar matter, where the Tamil Nadu government has challenged the judgment by the Madras High Court. The Karnataka High Court had said that the Act was unconstitutional and there cannot be any ban on online games of skill. The state government contended before the apex court that the high court had grossly erred in not taking into account the material produced by it in connection with cases registered by the police authorities. SEE ALSO: <a href="https://www.businessinsider.in/business/news/gautam-adani-just-1-billion-away-from-becoming-the-second-richest-person-in-the-world-as-per-bloomberg-index-report/articleshow/94242575.cms">Gautam Adani is $1 billion away from beating Jeff Bezos as the second richest person in the world</a> <a href="https://www.businessinsider.in/business/news/tech-glitch-man-loses-11677-crore-windfall-from-demat-account-in-hours/articleshow/94219695.cms">Tech Glitch: Man loses ₹11,677 crore windfall from demat account in hours</a>

SC admits Karnataka govt plea on online gaming

<keyword id="144015" type="General" weightage="20" keywordseo="kalanithi-maran" source="Orion">Kalanithi Maran</keyword> and <keyword id="169847" type="General" weightage="20" keywordseo="kal-airways" source="Orion">KAL Airways</keyword> informed the Supreme Court on Monday that <keyword id="6358032" type="General" weightage="100" keywordseo="spicejet" source="Orion">SpiceJet</keyword>'s offer of ₹600 crore towards full and final settlement of the share transfer dispute was not acceptable. Senior advocate Maninder Singh, representing KAL Airways, submitted before a bench headed by Chief Justice N.V. Ramana that it was not possible for his clients to consider the offer proposed by SpiceJet airlines. The bench, also comprising Justices A.S. Bopanna and Hima Kohli, inquired further whether none of the two offers proposed by SpiceJet was acceptable. Singh replied in the negative and added that as per the arbitral award SpiceJet has to pay them ₹920 crore. Singh also submitted that he could take the court through the calculations as per the arbitral award from the pleadings itself in support of the arguments. He also submitted that the matter may be listed for arguments on the next date of hearing. Senior advocate Mukul Rohatgi, representing SpiceJet airlines, urged the bench to hear the matter within 2 weeks. Singh was assisted by advocates from Karanjawala &amp; Co. After hearing arguments, the top court has scheduled the matter for further hearing on March 2. On February 10, the Supreme Court asked Kalanithi <keyword id="44006" type="General" weightage="80" keywordseo="maran" source="Orion">Maran</keyword>, the former promoter of SpiceJet, to consider the full and final settlement offer made by SpiceJet to end the dispute in a share transfer matter. In a statement SpiceJet, after the hearing in the top court, said: "SpiceJet has offered to pay ₹600 crore in cash in the share transfer case with its former promoter Kalanithi Maran and his firm KAL Airways for a full and final settlement of all disputes. Out of the principal amount of ₹578 crore awarded in arbitration, SpiceJet has already paid ₹308 crore in cash and deposited a bank guarantee of ₹270 crore." SpiceJet's counsel had proposed to pay the bank guarantee equivalent amount of ₹270 crore in cash and top it up with additional ₹22 crore aggregating the total pay-out to ₹600 crore as full and final settlement of all disputes between the parties. Maran and his firm, KAL Airways, had urged the top court to lift the stay on a Delhi High Court order asking the low-cost airline to deposit ₹243 crore as interest on the amount of ₹579 crore in the dispute. In November 2020, the top court stayed the high court order. Maran sought the stay to be lifted to secure the decreed amount -- refund amount awarded and interest -- from SpiceJet. Singh had argued that the high court had asked them to pay the decretal amount and against which SpiceJet had deposited only ₹270 crore as bank guarantee and now there is a winding up order passed against SpiceJet by the Madras High Court in another case being Credit Suisse AG Vs SpiceJet. He added that in such a change in circumstance, SpiceJet should be directed to pay and deposit ₹242 crore otherwise his client will have to run from pillar to post. Karanjawala &amp; Co. in a statement said the top court proposed two offers to Maran and KAL Airways that SpiceJet will give ₹300 crore towards full and final settlement of the dispute and the matter finally gets settled and no further litigation. Second, out of the bank guarantee of ₹270 crore deposited with HC, SpiceJet will give ₹100 crore for now and the order will be passed by the top court to hear petitions, which are pending before the high court expeditiously. The top court asked Singh to discuss the settlement with his client. SEE ALSO: <a href="https://www.businessinsider.in/stock-market/news/sbi-and-icici-bank-lost-over-10000-crore-to-abg-shipyard-bank-fraud/articleshow/89559899.cms">SBI and ICICI Bank investors pay the price for the nearly ₹10,000 crore lost to the biggest bank fraud ever in India</a>

Kalanithi Maran and KAL Airways reject SpiceJet's ₹600 crore settlement offer

New Delhi, Mar 13 () NCLAT Chairperson Justice Sudhansu Jyoti Mukhopadhaya, who handled several big-ticket insolvency cases like Essar Steel during his tenure at the appellate quasi-judicial body, retired on Friday. Justice Mukhopadhaya, who turns 70 on March 15, was the first chairperson of the National Company Law Appellate Tribunal (NCLAT) which was established on June 1, 2016. An NCLAT chairperson is appointed for five years and can hold office till the age of 70 years. He delivered several landmark judgements during his tenure of nearly four years. He supervised and handled several major big ticket insolvency cases that includes Essar Steel, Bhushan Power &amp; Steel, Bhushan Steel, Jaypee Infratech, ElectroSteel Steel, Binani Cement, Reliance Communications.Besides, Justice Mukhopadhaya also delivered several judgements and laid precedents for several NCLT orders and the newly-enacted Insolvency &amp; Bankruptcy Code, 2016.He would also be known for his order reinstating the ousted Tata Sons head Cyrus Mistry as it shocked the entire business world.Besides, he also proposed resolution of the IL&amp;FS group which has an outstanding debt of over Rs 94,000 crore, on the pattern of IBC."I have enjoyed every moment here from the day one," he said while addressing a function organised by the NCLAT bar here on Friday.He also said that the Chennai bench of the NCLAT would be functional from Friday."I am happy that all courts are functioning with speed. For me, speed was essence for any resolution process," he said. Prior to this, Justice Mukhopadhaya was a judge of the Supreme Court of India from September 13, 2011, to March 14, 2015.Justice Mukhopadhaya had started practice at Patna and Ranchi benches of the High Court in 1979 and was designated as senior advocate in February 1993.He was appointed as a permanent Judge of the High Court of Patna in November 1994 and after that served as judge of Jharkhand High Court after its creation. He also served as Judge of the Madras High Court, where he also functioned as the Acting Chief Justice for about five months.Thereafter from December 2009 to September 2011 he was the Chief Justice of the High Court of Gujarat and then was elevated to the apex court from where he retired on March 14, 2015.NCLAT constituted under Section 410 of the Companies Act, 2013 for hearing appeals against the orders of National Company Law Tribunal (NCLT). It is also appellate tribunal for hearing appeals against the orders passed by NCLT under the IBC and Insolvency and Bankruptcy Board of India.It is also the Appellate Tribunal to hear and dispose of appeals against any direction issued or decision made or order passed by the Competition Commission of India (CCI).The NCLAT Chairperson is appointed for a term of five years and can hold office till the age of 70 years. KRH MRMR

NCLAT Chairman Justice S J Mukhopadhaya retires

<ul><li>India’s Supreme Court has given the government until January 15 to lay out the rules and regulations for social networking sites like Facebook and Twitter. </li><li>The Supreme Court has also pulled in petitions related to social networks that were pending with various high courts. </li><li>It has promised to resolve the pending cases by the end of January. </li></ul>Hate speech and fake news are extremely common across social media in India. To deal with this menace, Indian Supreme Court has asked the government to come out with new rules and regulations by 15 January 2020. The bench, headed by Justices Deepak Gupta and Aniruddha Bose, also directed all pending cases pertaining to social media filed with various high courts to be transferred to the Supreme Court. There are four petitions in the fray. Two filed with the Madras High Court, one with the Madhya Pradesh High Court and another with the Bombay High Court. The primary issue at the helm was the linking of Aadhaar cards with social networks and WhatsApp-- which is pending with the Madras High Court. The petition filed by Facebook argues that disclosure of Aadhaar details will infringe user privacy. The bench also clarified that India’s Information Technology Act allows the government to ask for decryption of data. At the same time, it does not allow the government to force intermediaries to decrypt the data. It added that while national interest is important, it must be balanced against privacy.

Facebook, Twitter, Instagram and WhatsApp will be regulated in India — come January 15

<ul><li><keyword id="6360667" type="General" weightage="20" keywordseo="madras-high-court" source="Orion">Madras High Court</keyword> reiterated that <keyword id="790242" type="General" weightage="20" keywordseo="whatsapp" source="Orion">WhatsApp</keyword> <keyword id="4484267" type="General" weightage="20" keywordseo="group-admin" source="Orion">group admin</keyword> are not liable for member’s posts.</li><li>Justice GR Swaminathan referred to a similar judgement given by the <keyword id="48485" type="General" weightage="20" keywordseo="bombay-high-court" source="Orion">Bombay High Court</keyword> before giving his orders.</li><li>The Court asked the respondent to bear in mind the ruling of the Bombay High Court.</li></ul>The Madurai bench of the Madras High Court reiterated the Bombay High Court’s finding of a previous case that a <keyword id="6407380" type="General" weightage="20" keywordseo="whatsapp-group" source="Orion">WhatsApp group</keyword> administrator cannot be held liable for objectionable content posted by members of the groups. Justice GR Swaminathan referred to the <a href="https://www.barandbench.com/news/litigation/whatsapp-group-administrator-no-vicarious-liability-content-group-member-bombay-high-court">Kishore v. State Maharashtra</a> of the Bombay High Court which ruled that a WhatsApp group admin must be deleted from the list of accused if he did not play any part in the crime committed by group members other than being an admin. However, the Court also held that if another material is gathered that shows the admin being involved in the crime, he may be tried according to the law. The order was given on a plea that seeks to cancel a First Information Report (FIR) against the group admin in which offensive messages were circulated by a member that could cause animosity between communities. The petition claimed that the petitioner was only the administrator of the WhatsApp group and he could not be held responsible for the messages sent by the group members. As per the complainant, the petitioner lacked honesty, claiming that there was a conspiracy between the group admin and the member since the member was first removed from the group and then re-added. The Court disposed of the complaint and asked the respondent to bear in mind the ruling of the Bombay High Court in Kishore vs. State Maharashtra, where a similar case on the liability of a WhatsApp group admin was discussed. In that ruling, the Bombay High Court had held, “a group administrator cannot be held vicariously liable for an act of a member of the group, who posts objectionable content unless it is shown that there was a common intention or pre-arranged plan acting in concert pursuant to such plan by such member of a Whatsapp group and the administrator.” The Bombay High Court also stated that the group admin had limited powers of adding and deleting members and cannot be expected to have advanced knowledge of what the members of the group may post. In light of the above order, the Madras High Court judge declared that if the petitioner's only role in the case was that of a group admin, then the name must be deleted from the chargesheet. SEE ALSO: <a href="https://www.businessinsider.in/tech/gadgets/news/these-popular-pc-games-are-expected-to-arrive-on-mobile-in-2022/articleshow/88520508.cms">From Valorant to Apex Legends — These popular PC games are expected to arrive on mobile in 2022</a> <a href="https://www.businessinsider.in/tech/apps/news/whatsapps-businesses-nearby-feature-will-allow-users-to-search-for-local-stores-groceries-restaurant-and-more-on-the-app/articleshow/88515961.cms">WhatsApp’s Businesses Nearby feature will allow users to search for local stores, groceries, restaurant and more on the app</a>

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Madras High Court stays 2 sub-sections of the new IT Rules

IANS

If you don’t have TikTok already, you won't be able to download it anymore

Prabhjote Gill

India’s Supreme Court has put the government on a timer to curb misuse of social media

Prabhjote Gill

Madras High court just gave a rude wake up call to Tamil Nadu Chief Minister who is in denial of the state’s crippling water crisis

BI India Bureau

Liquor ‘essential commodity’ for Chennai citizens, can’t close shops for Kalam’s funeral

BI India Bureau

Apple and Google yanked TikTok in a giant market over worries about pornography

Mary Hanbury

SC admits Karnataka govt plea on online gaming

IANS

Kalanithi Maran and KAL Airways reject SpiceJet's ₹600 crore settlement offer

IANS

NCLAT Chairman Justice S J Mukhopadhaya retires

PTI

Facebook, Twitter, Instagram and WhatsApp will be regulated in India — come January 15

Prabhjote Gill

Madras High Court reaffirms that WhatsApp group admin isn’t liable for a member’s posts

Shadab Rabbani

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