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Supreme Court Clarifies SEBI's Jurisdiction in Investor Compensation Claims Under Securities Law. SEBI Lacks Power to Award Direct Compensation but Can Order Disgorgement of Ill-Gotten Gains for Restitution Under Sections 11 and 11B of the Securities and Exchange Board of India Act, 1992.

The dispute originated in 2005 when the Securities and Exchange Board of India (SEBI) issued a show-cause notice to M/s. Vital Communications Limited ...

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Madras High Court Rehears Interlocutory Applications in Trademark Dispute for Interim Injunction. Court Directed to Apply Trinity Tests and Consider Section 12-A Compliance and Order 2 Rule 2 Bar After Remand by Division Bench.

The Madras High Court reheard two interlocutory applications in a commercial suit involving a trademark dispute over the 'Massey Ferguson' brand. Trac...

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Supreme Court Dismisses Appeal Against Refusal to Quash Summons in Cheque Dishonour Case — Factual Defences Cannot Be Adjudicated Under Section 482 CrPC. Legal Presumption Under Section 139 of Negotiable Instruments Act, 1881 Favours Complainant at Pre-Trial Stage.

The appellant, Rathish Babu Unnikrishnan, was the accused in a criminal complaint filed by Satish Gupta (respondent no. 2) under Section 138 of the Ne...

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High Court of Bombay Considers Appeals Against Company Law Board Order Directing Buyout of Majority Stake in Wind Energy Company. The majority shareholder challenged the finding of oppression and the forced sale of shares to minority shareholders under sections 397, 402 and 403 of the Companies Act, 1956.

The proceedings arose from disputes between the shareholders of Enercon (India) Limited, now known as Wind World (India) Limited, a company engaged in...

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Bombay High Court Dismisses Appeal by Financial Institution in Suit for Recovery of Money Due to Failure to Prove Loan Agreement and Liability of Promoters. Equity Participation by Appellant Did Not Create a Debtor-Creditor Relationship with Respondents.

The appellant, EDC Limited, a financial institution, filed a suit for recovery of Rs. 17,50,000/- with interest against the respondents, M/s. GKB Opht...