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Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering.

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters be...

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Bombay High Court Allows Common Cross-Examination in Eviction Suits to Prevent Prejudice to Tenants. Trial Court's Order Dismissing Application for Common Cross-Examination Set Aside Under Article 227 of Constitution of India.

The petitioners, tenants in four eviction suits filed by the respondent landlord society, sought common cross-examination of the society's sole witnes...

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Bombay High Court Allows Writ Petition of Personal Secretaries for Pay Refixation by Merging Special Pay into Basic Pay. The court held that special pay granted for higher responsibilities must be merged upon promotion to a higher post, quashing the state's order denying the benefit.

The petitioners, an association of Personal Assistants, Private Secretaries, and Senior Private Secretaries of the Bombay High Court, along with an in...

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High Court of Karnataka Quashes Private Complaint Against Former Chief Minister for Lack of Sanction Under Section 197 CrPC and Section 19 PC Act. Sanction for prosecution of public servants is mandatory and absence of valid sanction renders complaint not maintainable.

The petitioner, a former Chief Minister of Karnataka, sought quashing of a private complaint filed by the respondent before the XXIII Additional City ...

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Bombay High Court Dismisses Petitions Challenging Arbitral Awards in Stock Broking Disputes — Upholds Awards for Payment of Outstanding Dues with Interest. Claims of Bogus Trading and Unauthorized Transactions Remain Unproved Due to Lack of Evidence and Failure to Pursue Counterclaims.

The judgment concerns two arbitration petitions filed by Ms. Deepika Vijay Nihalani and Vijay Roopkumar Nihalani against INA Stock Broking Co. Pvt. Lt...

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Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...