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Bombay High Court Sets Aside Opinion of Adjudicating Authority Under FEMA for Failure to Supply Documents and Provide Reasons. The Court Directs That All Documents Referred to in the Complaint Must Be Furnished and That the Opinion Under Rule 4 of the Adjudication Rules Must Be a Reasoned Order.

The writ petition was filed by Lalit Kumar Modi, a former Vice President of the Board of Control for Cricket in India (BCCI) and Chairman of the India...

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Bombay High Court Dismisses Quashing Petitions in FERA Prosecution — Exoneration in Adjudication Not a Bar to Criminal Proceedings. Adjudication and criminal prosecution under FERA are independent proceedings with different standards of proof and objectives.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of orders passed by ...

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High Court of Bombay Considers Challenge to Arbitral Award in Construction Subcontract Dispute. Petition filed by main contractor against subcontractor's award under Section 34 of Arbitration and Conciliation Act, 1996.

Patel Engineering Co. Ltd (PEC) challenged an arbitral award dated 25 January 2010 under Section 34 of the Arbitration and Conciliation Act, 1996 in t...

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Bombay High Court Dismisses Petition Challenging SEBI Settlement Regulations and Rejection of Settlement Proposal. Internal Committee's Power to Impose Conditions Precedent Upheld as Valid and Not Ultra Vires.

The petitioners, Abans Enterprises Ltd. and its promoter Abhishek Bansal, challenged the validity of regulations 6(1)(f) and 13(2)(ba) of the Securiti...

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Bombay High Court Quashes Industrial Tribunal Award in Wage Reference Due to Failure to Apply Settled Principles. The Court Remands the Proceedings for Fresh Adjudication, Holding That Both Region-cum-Industry and Parity Principles Were Not Properly Followed.

This judgment from the Bombay High Court concerns three writ petitions challenging an award of the Industrial Tribunal in a wage reference between Hin...

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High Court Adjudicates on Official Liquidator's Report on Claims of Secured Creditors in Company Liquidation. Distribution of Sale Proceeds from Assets of Company Under Liquidation Determined Based on Debts Recovery Tribunal Order.

The matter concerned the winding up of Maharashtra Explosives Ltd., a company incorporated under the Companies Act, 1956. By order dated 12-8-2001, th...

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Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

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Supreme Court Quashes Industrial Dispute Reference Due to Procedural Irregularity in Conciliation Initiation Under Industrial Disputes Act

The Supreme Court allowed the civil appeal filed by Appellants challenging the reference of industrial dispute to Industrial Court, Aurangabad -- The ...