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High Court of Karnataka Allows Appeal in Credit Card Recovery Suit — Reduces Usurious Interest Rate of 2.5% per Month Compounded Monthly to 6% per Annum Simple. Contractual interest held unconscionable and against public policy under Section 34 CPC.

The appellant, B. Gopa Kumar, was a credit card holder of Canara Bank (respondent) and was issued a Cancard-Visa card in 1998. He defaulted on payment...

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High Court of Judicature at Bombay Reviews Appeals from Single Judge's Interim Orders in Share Control Dispute. Appeals Concern Enforcement of Arbitral Award, Injunctions, and Corporate Governance Interim Measures.

The High Court of Judicature at Bombay heard four appeals arising from a common order dated 26-03-2003 passed by a Single Judge in two suits concernin...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Adjudicates Enforcement of Foreign Arbitral Award in Joint Venture Dispute. Petition Seeks Enforcement Under Section 48 of Arbitration Act; Allegations Include Breach of JVA and Conflict of Interest.

The petitioner, an Italian company engaged in cable manufacturing, entered into a Joint Venture Agreement dated 19th January 2010 with the respondents...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Derivative Transaction Dispute. Challenge Under Section 34 of Arbitration and Conciliation Act, 1996 Fails as Award Not Patently Illegal or Perverse.

The appeal arose from a judgment of a learned Single Judge dated 6 July 2012 dismissing a petition under Section 34 of the Arbitration and Conciliatio...

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SPECIAL CASE NO. 3 OF 2001

The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, presided over by Justice Roshan Dalvi, heard Special Case No. ...

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Supreme Court Hears Constitutional Challenge to COFEPOSA Preventive Detention Powers for Foreign Exchange Violations. Petitioners Contend Absence of Penal Provisions Under FEMA Renders Section 3(1) Unconstitutional.

The writ petition under Article 32 of the Constitution was filed directly in the Supreme Court challenging the constitutional validity of Section 3(1)...

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Special Court Convicts Broker and Beneficiaries in BMC Bank Securities Fraud; Acquits Employees and Other Brokers. Broker Held Liable for Dishonest Receipt of Stolen Property Under Section 411 IPC, While Beneficiaries Convicted of Cheating Under Section 420 IPC.

The case involved a criminal trial before the Special Court under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 19...