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Supreme Court Allows Appeal in Commodity Exchange Dispute — Violation of Natural Justice Not Established. FMC's Show Cause Notice and Inquiry Upheld as Procedurally Valid Under Forward Contracts (Regulation) Act, 1952.

The case involves a dispute arising from a complaint of trading irregularities against Neptune Overseas Limited (NOL) and its Managing Director, Kaila...

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Supreme Court Upholds 2020 Tribunal Rules with Modifications to Ensure Judicial Independence. Court directs changes to Search-cum-Selection Committee composition and member qualifications to align with constitutional principles.

The Supreme Court of India was called upon to decide the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualificat...

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Supreme Court Dismisses Petition to Quash FIR in Volkswagen Cheat Device Case — Investigation Not Impeded by Pending Civil Appeals Before NGT. Delay and Disputed Facts Cannot Be Grounds for Quashing FIR Under Section 482 CrPC.

The petitioner, Skoda Auto Volkswagen India Private Limited, a company engaged in the manufacture and sale of passenger vehicles, was aggrieved by the...

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Supreme Court Allows Appeal and Remands Case to High Court for Deciding Vires of Section 40(a)(iib) of Income Tax Act. High Court Must Decide Constitutional Challenge on Merits Despite Pending Assessment Proceedings.

The appellant, M/s Tamil Nadu State Marketing Corporation Ltd., filed a writ petition before the Madras High Court challenging the constitutional vali...

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Supreme Court Allows Appeal in Contract Refund Dispute — Interest on Principal Not Payable from Date of Deposit When Contract Not Void or Breached. Gujarat Maritime Board Not Liable to Pay Interest for Period Before Abandonment of Contract Under Indian Contract Act, 1872.

The Supreme Court allowed the appeal filed by the Chief Executive Officer and Vice Chairman, Gujarat Maritime Board, against the judgment of the Gujar...

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Supreme Court Dismisses Appeal Challenging Rejection of Nomination in Election Petition Against Prime Minister Narendra Modi. Appellant's Nomination Invalid for Lack of Certificate Under Section 33(3) of Representation of the People Act, 1951.

The appeal arose from an order of the Allahabad High Court dismissing an election petition filed by Tej Bahadur against Narendra Modi, the elected can...

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Supreme Court Upholds Expulsion of Trading Member for Violating Gross Exposure Limits and Failing to Maintain Capital Adequacy. Securities Contracts (Regulation) Act, 1956 - Section 22F - Appeal against Securities Appellate Tribunal order upholding expulsion from National Stock Exchange membership.

The appellant, Rusoday Securities Ltd., was a trading member of the National Stock Exchange of India Ltd. (NSE) since November 1994 and gave an undert...

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Supreme Court Upholds SAT Order Setting Aside SEBI Ex-Parte Interim Order in Insider Trading Case Due to Lack of Urgency. Tribunal's observation on SEBI's power to order pre-adjudication disgorgement held not to be a precedent.

The Supreme Court disposed of two statutory appeals filed by the Securities and Exchange Board of India (SEBI) under Section 15Z of the SEBI Act, 1992...