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Special Court Accepts 'B' Summary Report in Securities Fraud Case — Mistake of Fact Found. Complaint under Sections 406, 409, 420 IPC against accused for alleged misappropriation of mutual fund investments closed as investigation revealed no criminal intent.

The case was initiated on a complaint by Sudhir Manjrekar, the constituted attorney of Canbank Mutual Fund, against Shrenik K. Jhaveri alleging offenc...

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Bombay High Court Decrees Ownership of 800 ITC Shares to Plaintiffs, Finding Transfers Forged and Broker's Claim Unproven. Defendant No.14 Failed to Discharge Burden Under Section 106 of the Indian Evidence Act, 1872, and Forged Transfer Deeds Are Void; Register of Members Ordered to Be Rectified.

The suit concerned a declaration of ownership and rectification of the register of members of ITC Ltd. (Defendant No.1) in respect of 800 shares. Plai...

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Bombay High Court Examines Challenge to SEBI Special Court's Rejection of Compounding Application Under Section 24A of SEBI Act. Writ Petition Filed Against Order Denying Compounding of Offence Under Section 24(2) for Non-Payment of Penalty Without SEBI Consent.

The case involved a criminal writ petition filed by N.H. Securities Ltd. and its directors seeking to quash an order of the SEBI Special Court that ha...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Stock Broker Dispute Over Unreturned Shares. Concurrent findings of arbitral tribunals that stock broker failed to return client's shares and dividends upheld under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Manoj Javeri Stock Broking Pvt. Ltd., a member of the Bombay Stock Exchange, challenged an arbitral award and appellate award dated 17...

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Supreme Court Adjudicates Appeals by Sahara Companies on SEBI's Regulatory Powers Over OFCDs. Case centers on Section 55A(b) Companies Act and compliance with DIP Guidelines for issuance of optionally fully convertible debentures.

The case involved two Sahara Group companies, Sahara India Real Estate Corporation Limited (SIRECL) and Sahara Housing Investment Corporation Limited ...

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Supreme Court Reverses High Court's Order for Accounts; Holds Export Transactions as Sales Not Agency. Distinction Between Sale and Agency Clarified Under Indian Contract Act, 1872, Based on Contractual Terms and Course of Dealing.

The dispute arose between a trader in hides and skins (respondent) and an exporter (appellant) over the nature of their contractual relationship durin...