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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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Bombay High Court: Partition Suit Involving Properties Outside Jurisdiction Requires Clause XII Leave; Plaint Rejected Under Order VII Rule 11 CPC for Partial Partition Bar | Renu Balwant Maru v. Bupendra Damjibhai Tank & Ors.

The Bombay High Court held that a partition suit involving immovable properties situated partly outside its territorial jurisdiction is a “Suit ...

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Karnataka High Court Dismisses Writ Petition Seeking Prohibition Against Commercial Court in Arbitration Matter. Commercial Court's Jurisdiction Upheld Under Section 2(1)(c) of Commercial Courts Act, 2015, and Petitioner Estopped from Challenging Jurisdiction After Having Earlier Invoked It.

The writ petition was filed under Article 226 of the Constitution of India seeking a writ of prohibition to restrain the LXXXV Additional City Civil a...

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Bombay High Court Considers Maintainability of Commercial Appeals Against Interim Orders in Trademark Infringement Suits. Preliminary Objection Raised That Orders Impugned Do Not Fall Within Appealable Categories Under Section 13(1A) of Commercial Courts Act, 2015 as Amended.

These two commercial appeals were filed by the original defendants in intellectual property suits pending before the Bombay High Court. The suits, ins...

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Bombay High Court Upholds Enforcement of Foreign Judgment in Bunker Supply Dispute Despite Defendant's Challenges. Danish Supreme Court Judgment Held Conclusive Under Section 13 CPC as Defendant Failed to Prove Exceptions, Resulting in Decree for Balance Amount.

The dispute arose from a bunker supply transaction involving the vessel PFS NARAYANA. Dan Bunkering Limited, a Danish company, supplied bunkers to the...

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Bombay High Court Dismisses Application for Rejection of Plaint in Adoption and Inheritance Dispute. Court holds that the plaint discloses a cause of action and raises triable issues regarding adoption and limitation, warranting a full trial.

The plaintiff, Usha Ramrao Bhojane, filed a suit seeking a declaration that she is the adopted daughter of the late Laxman Shegaonkar and the late Yam...

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Bombay High Court Dismisses ONGC's Challenge to Arbitral Award in FPSO Charter Hire Dispute. Court upholds arbitral tribunal's interpretation of contract clauses and rejection of counterclaims, finding no patent illegality or perversity in the award.

The judgment concerns four arbitration petitions filed by Oil and Natural Gas Corporation Ltd. (ONGC) under Section 34 of the Arbitration and Concilia...

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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

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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 ...