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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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Karnataka High Court Quashes Detention Order Under Goonda Act in Favor of Detenue's Wife Due to Procedural Violations. Preventive Detention Invalid for Failure to Follow Section 8 Safeguards and Provide Effective Representation Under Article 22(5).

The writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, was filed by Smt. B...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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High Court Examines Maintainability of Writ Petition Challenging Execution of MSME Arbitral Award on Grounds of Fraud. Court Considers Whether Execution Proceedings Can Be Quashed When Award Was Not Challenged Under Section 34 of Arbitration Act, 1996, Despite Participation in Arbitration.

The petitioner, Karnataka State Medical Supplies Corporation Limited, floated a tender for supply of drugs and disposable delivery kits. The responden...

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Bombay High Court Hears Writ Petition Challenging Defamation Process in Companies Act Special Notice Case. The Dispute Involves Allegations Made in a Statutory Notice Under the Companies Act, 2013.

Background: The present writ petition arose from a criminal defamation complaint filed by Respondent No.2, Nusli Neville Wadia, against the petitioner...

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Bombay High Court Considers GST Liability on Royalty Payments to Court Receiver in Commercial Property Dispute. The Court Examines Whether Payments to a Court Receiver Under Order XL CPC Constitute Taxable Supply Under the CGST Act, 2017 and Whether GST Should be Discharged via Reverse Charge Mechanism.

The Bombay High Court, in a Court Receiver's Report arising from a commercial suit for recovery of possession of three shops used as a restaurant, exa...

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Supreme Court Holds Section 195A IPC Non-Cognizable and Bailable in Perjury-Related Threat Case. Threatening to Give False Evidence is a Species of Perjury and Must Be Classified Accordingly Under the First Schedule to CrPC.

The Supreme Court, in this judgment, addressed the classification of the offence under Section 195A of the Indian Penal Code, 1860 (IPC), which crimin...