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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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Supreme Court Dismisses Bank's Appeal in Pension Dispute Under Bipartite Settlement and Pension Regulations. Employee Removed for Misconduct Entitled to Pension as Appellate Order Granting Terminal Benefits Attained Finality and He Completed Minimum Pensionable Service.

The dispute arose from the removal of an employee from service by United Commercial Bank following a disciplinary enquiry that found him guilty of rio...

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Supreme Court Upholds Rajasthan Electricity Regulatory Commission’s 2016 Open Access Regulations. Balancing Grid Stability and Consumer Rights Under the Electricity Act, 2003

Jurisdiction of RERC – Whether RERC could regulate inter-state open access under the Electricity Act, 2003. Held: Yes, as the Act empowers State ...

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Supreme Court Upholds Customs Authorities in Classification Dispute Over Imported Goods as High Speed Diesel. Goods Classified as Prohibited High Speed Diesel Under Customs Tariff Act, 1975, Leading to Confiscation and Penalties Under Customs Act, 1962.

The dispute centered on the classification of imported goods by three appellant companies, who declared them as Base Oil under Chapter Heading 2710196...

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Supreme Court Allows Appeal in Service Dismissal Case, Reinstating Dismissal Order Quashed by High Court. The Court Held That Approval of Charge-Sheet by Competent Authority at Issuance Stage Is Not Mandatory If Initiation of Proceedings Was Approved, Under Civil Services Rules and Precedents.

The dispute arose from the dismissal of a civil service officer in Jharkhand following disciplinary proceedings for misconduct involving dishonesty, f...

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Limitation Act, 1963 – Article 113 – Right to sue accrued when the default in payments occurred – Declaration as a defaulter does not extend limitation period – Suit for recovery of membership dues held time-barred.

a. Cause of action arose when the default in payment occurred, not when the respondents were declared defaulters.b. Suit filed beyond three years from...

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Blacklisting Order Set Aside — Violation of Principles of Natural Justice — Procedural Irregularity in Policy Implementation

Constitution of India (COI) — Article 14 — Right to Fair Hearing — Blacklisting order violates principles of natural justice — Absence of prop...

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Supreme Court Clarified the Scope of Interim Moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 – Held That Regulatory Penalties Imposed by the Consumer Protection Act, 1986, Are Not Covered

Invoking Insolvency Proceedings Cannot stay execution of Penalty Orders for Consumer Protection Law Violations – The Apex Court Upheld the NCDRC’s...

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Interpretation Of Manufacturing Process Under Factories Act, 1948 – Business Of Laundry Held To Constitute Manufacturing Process – Premises Deemed A Factory – Order Issuing Process Restored.

a. Definition of manufacturing process under Section 2(k) includes washing and cleaning for delivery and use – Laundry service falls squarely within...

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Bombay High Court – Income Tax – Remission of Matter to Dispute Resolution Panel (DRP) – Costs Imposed on Petitioner. Failure to inform the Assessing Officer of pending objections before the Dispute Resolution Panel led to the setting aside of the assessment order with costs imposed.

The Court exercised its discretion in setting aside the assessment order due to the Petitioner’s procedural lapse, emphasizing that such indulgence ...