Search Results for "Constituent Default"

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Search Results for "Constituent Default"

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Supreme Court

Supreme Court Refers Conflict Between High Courts on Settlement Commission Jurisdiction Under Customs Act — Personal Liberty and Right to Settle Disputes Under Chapter XIVA of Customs Act, 1962. The Court directed the matter to be placed before the Chief Justice of India due to divergence of opinion between Bombay and Delhi High Courts on whether an accused can approach the Settlement Commission after arrest.

4 May 2023

The present writ petition was filed by Yamal Manojbhai, a Non-Resident Indian (NRI), under Article 32 of the Constitution of India, raising an issue o...

High Court

Bombay High Court Dismisses Suit Against Diamond Bourse Suspension — Private Association's Internal Decisions Not Subject to Judicial Review. The court held that the Bharat Diamond Bourse, as a private company, had the right to regulate its membership and premises, and its actions were not amenable to writ jurisdiction or public law remedies.

16 Aug 2016

The plaintiffs, VSM Diamonds Pvt Ltd and three individuals, filed a suit against Bharat Diamond Bourse (BDB), a company incorporated under Section 25 ...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Broker-Client Dispute Over Margin Shortfall and Unauthorized Sale of Shares. Court upholds concurrent findings of arbitral tribunals that broker was entitled to sell shares to cover margin deficit under Member Client Agreement and bye-laws of National Stock Exchange.

6 Aug 2015

The petitioner, Ankit Bimal Deorah, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award date...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Share Broker Dispute — MOU Default Renders Agreement Void and Claimant Entitled to Recover Full Amount. The court upheld the arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, finding no patent illegality or conflict with public policy.

24 Mar 2015

The petitioner, a share and stock broker and member of the Bombay Stock Exchange, was the original respondent in arbitration proceedings initiated by ...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Stock Exchange Dispute — Limitation Period Under Bye-law 252(2) Starts from Date of Last Transaction, Not Subsequent Meetings. Claim for Rs. 78.63 lakhs arising from debit of Rs. 1.17 crores on 12 February 2008 held barred by limitation as claim was not filed within six months of last transaction.

25 Sep 2013

The appeal arose from a judgment of a learned Single Judge dated 1 October 2012 dismissing a petition under Section 34 of the Arbitration and Concilia...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Stock Broker Dispute — Upholds Appellate Award Allowing Claims for Debit Balance. Client Failed to Prove Unauthorized Trades or Misappropriation of Shares; Burden of Proof Not Discharged Under Section 34 of Arbitration and Conciliation Act, 1996.

1 Oct 2012

The petitioner, Shankarlal V. Keswani, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award ...

High Court

Bombay High Court Sets Aside Arbitral Award for Non-Consideration of Counter Claim in NSEIL Dispute. Failure to consider counter claim amounts to legal misconduct and violation of natural justice under Section 34 of the Arbitration and Conciliation Act, 1996.

18 Sep 2012

The petitioner, Rajendra A. Shah (H.U.F.), a constituent, challenged an arbitral award dated 17th February 2009 passed by the Arbitral Tribunal consti...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Stock Brokerage Dispute — Upholds Award for Squaring Off Due to Margin Default. Member-Client Agreement and Electronic Contract Notes Establish Liability for Margin Shortfall Under Byelaws of Stock Exchange.

6 Mar 2012

The petitioner, Sizarali M. Dodhia, a constituent of the respondent, Angel Capital & Debt Market Ltd., entered into a member-client agreement on 21 Au...

High Court

Bombay High Court Sets Aside Arbitral Award in Stock Broker Dispute for Lack of Reasons and Non-Consideration of Margin Requirements. Award under Section 34 of Arbitration and Conciliation Act, 1996 set aside as Arbitrator failed to consider deposit and margin obligations of client.

27 Feb 2012

The Petitioner, Anand Rathi Share and Stock Brokers Ltd., a share and stock broker and member of NSE, challenged an arbitral award dated 15 October 20...

High Court

Bombay High Court Allows Gratuity Claim in Payment of Gratuity Act Case — Resignation Not Ground for Forfeiture. Forfeiture of gratuity under Section 4(6) of Payment of Gratuity Act, 1972 requires termination for misconduct causing damage; resignation does not justify forfeiture.

11 Mar 2005

The petitioner, H. Jayarama Shetty, joined the respondent Sangli Bank Ltd. on 28 May 1991. On 3 May 1994, a show cause notice was issued regarding irr...

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