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Supreme Court Dismisses Appeal by State Undertaking in BOT Arbitration Dispute, Upholds Arbitral Award on Termination Payment. Court Reiterates Limited Scope of Judicial Interference Under Sections 34 and 37 of Arbitration and Conciliation Act, 1996, Emphasizing Finality of Arbitral Awards.

The Supreme Court dismissed the appeal filed by Madhya Pradesh Road Development Corporation Ltd. (MPRDC) against the judgment of the Madhya Pradesh Hi...

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Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...

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Bombay High Court Quashes Suspension of Medical Officer in MCGM for Violation of Natural Justice and Lack of Prima Facie Evidence. Suspension order set aside as petitioner was not named in FIR and no show cause notice was issued.

The Petitioner, Dr. Shailendra Dattatray Gujar, was a Medical Officer employed with the Brihanmumbai Municipal Corporation (MCGM). He was initially de...

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Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Bombay High Court Decides on Validity of Preventive Detention Orders Under Maharashtra Dangerous Activities Act for Fixing One-Year Detention Period. Detention Orders Challenged as Contrary to Supreme Court Precedent Prohibiting Fixing Maximum Period Without Periodic Review.

The Bombay High Court heard three criminal writ petitions together as they involved a common question of law regarding preventive detention orders pas...

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Bombay High Court Quashes Termination of Solid Waste Management Contract for Violation of Natural Justice. Municipal Commissioner's Order Set Aside for Non-Compliance with Contractual Termination Clause and Principles of Audi Alteram Partem.

The petitioner, AG Enviro Infraprojects Private Limited, a company engaged in solid waste management, challenged the order dated 31st October 2018 pas...

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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...