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Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Price of Goods Sold and Delivered — Appellant Required to Deposit Rupee Equivalent of Euro Claim as Condition for Leave to Defend.

The respondent, Evonik Degussa GmbH, filed a summary suit against the appellant, Aksh Optifibre Limited, for recovery of Euros 11,37,866.30 being the ...

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Supreme Court Allows Appeal in Family Property Dispute — High Court Exceeded Revisional Jurisdiction by Decreeing Suit Based on Admission Without Trial. Order under Order 12 Rule 6 CPC set aside as admission must be clear, unambiguous, and not require interpretation.

The present appeal arises from a family dispute over the sale proceeds of ancestral agricultural land. The respondent No.1 (plaintiff) filed a suit fo...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

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Supreme Court Dismisses Transfer Petitions in Criminal Cases Alleging Lack of Territorial Jurisdiction — Cause of Action Not Wholly Absent in Gurugram

The petitioner, Kaushik Chatterjee, was appointed as Group Chief Risk Officer-Executive Director of a non-banking finance company (the second responde...

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Bombay High Court Allows Wife's Petition to Set Aside Sessions Court Order Directing Filing of Affidavits of Disclosure in Maintenance Appeals — Filing of Affidavit of Disclosure Under Rajnesh v. Neha Guidelines Not Mandatory at Appellate Stage When Not Filed Earlier.

The petitioner, Mrs. Jeevanjyoti Kaur Bansal, filed two writ petitions challenging orders dated 8th December 2023 passed by the Sessions Court, Mumbai...

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Bombay High Court Dismisses Application for Appointment of Arbitrator in Fraud Dispute. Serious Allegations of Misappropriation Render Dispute Non-Arbitrable Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The Applicant, Ivory Properties & Hotels Pvt. Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking ap...