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Bombay High Court Upholds Arbitral Award in Favor of Sharebroker in Time-Barred Claim Dispute. Limitation Period for Quarterly Settlement Runs from End of Quarter Under Article 113 of Limitation Act, 1963.

The petitioner, Mukesh Mansukhbhai Kanani, challenged an arbitral award passed by the Appellate Arbitral Tribunal of the National Stock Exchange, whic...

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Supreme Court Holds Section 15J Factors Illustrative in SEBI Penalty Adjudication. Adjudicating Officer Retains Discretion to Consider Mitigating Circumstances Beyond Stipulated Factors Under SEBI Act.

The Supreme Court of India adjudicated a reference arising from multiple civil appeals concerning the interpretation of Section 15J of the Securities ...

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Bombay High Court Allows Assessee's Claim for Capital Gains Treatment in Partnership Dissolution Case. Gains from Sale of Land Held as Co-owned Personal Asset Not Business Income Under Income Tax Act, 1961.

The case involved an income tax reference under Section 256 of the Income Tax Act, 1961, for the assessment year 1988-89. The assessee, an individual ...

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Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award on Ground Not Raised by Petitioner. Court holds that a party cannot challenge an arbitral award on a ground that only aggrieves the opposite party, who has not challenged the award.

The appeal arose from an order of a learned single Judge on a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by the res...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Favor of Client Against Trading Member for Unauthorized Trades. Award of Rs.6,59,634.54 with interest upheld as not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Angel Broking Private Limited, a trading member, challenged an arbitral award dated 29 August 2009 passed by a sole arbitrator appoint...

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Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Stock Exchange Dispute Due to Limitation. Claim Filed Beyond Six-Month Period Under BSE Regulation 252(2) Is Barred.

The petitioner, Kalpana Munish Bumb, was a constituent of respondent no. 1, a trading member of the Bombay Stock Exchange. The last transaction betwee...

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Bombay High Court Allows Arbitration Petition and Interim Application in Share Dispute — Appointment of Arbitrator and Injunction Granted. Court holds that disputes regarding share transfer and oppression are arbitrable and appoints arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Kantilal Chhaganlal Securities Pvt. Ltd., filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996...