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Supreme Court

Supreme Court Allows SEBI Appeal on Interpretation of Buyback Regulations and Remits Matter to Tribunal. The Court held that the Securities Appellate Tribunal erroneously interpreted Regulation 19(3) of SEBI (Buyback of Securities) Regulations, 1998 by limiting the compliance officer's role to investor grievance redressal, ignoring the duty to ensure regulatory compliance.

8 Feb 2023

The appeal arose from a judgment of the Securities Appellate Tribunal dated 1 November 2022, which had set aside an order of the Whole Time Member of ...

Supreme Court

Supreme Court Dismisses Appeal by Seed Company, Upholds Consumer Status of Small Agriculturist in Buyback Dispute. Cultivation of Safed Musli for Livelihood Held Not Commercial Purpose Under Section 2(d) of Consumer Protection Act, 1986.

6 Mar 2020

The case involves a dispute between M/s Nandan Biomatrix Ltd., a seed company, and S. Ambika Devi, a small landholder. In 2003, the appellant advertis...

High Court

Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Rs. 8.67 Crores Based on Share Buyback Agreement — Triable Issues Raised Regarding Non-Performance of Conditions Precedent and Liability of Defendant. The court held that where the claim is for liquidated damages for breach of a buyback agreement, it may not be a liquidated demand under Order 37 CPC, and the defendant is entitled to unconditional leave to defend if triable issues are raised.

19 Oct 2005

The plaintiff, Niskalp Investments & Trading Company Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defen...

Supreme Court

Supreme Court Dismisses Appeal in Companies Act and SEBI Regulations Jurisdiction Dispute. The court held that rectificatory jurisdiction under Section 59 of the Companies Act, 2013 is summary and not for contested facts, and SEBI has exclusive jurisdiction over violations of its regulations, not the National Company Law Tribunal.

4 Jan 2023

The Supreme Court of India heard an appeal concerning the rectificatory jurisdiction of the National Company Law Tribunal under Section 59 of the Comp...

Supreme Court

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.

7 Apr 2025

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 ...

Supreme Court

Supreme Court Allows Appeal in Tax Dispute Over Buy-Back of Shares Under Section 115QA of Income Tax Act, 1961. The Court held that buy-back pursuant to a scheme of arrangement under Section 391 of the Companies Act, 1956, is not covered by Section 115QA as it stood prior to the amendment effective from 01.06.2016.

22 Nov 2019

The appellant, Genpact India Private Limited, a domestic unlisted company, bought back shares from its sole shareholder, Genpact India Investment, Mau...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Favor of Award Holder Against Award Debtor. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 for Non-Compliance, Incapacity, Natural Justice, and Public Policy.

15 Sep 2014

The case concerns the enforcement of a foreign arbitral award dated 17th January, 2011 passed in London, UK, in favor of Vitol S.A. (the award holder)...

High Court

Arbitration Battle Over Ganatra Hotels: Panchamias vs. Ganatra Group. Complex Dispute Involving Share Transfers, Valuation Discrepancies, and Legal Contentions Reaches Judicial Review

12 Jul 2024

This case involves two connected Commercial Arbitration Petitions arising from an Arbitral Award dated 5th April 2016. The primary parties are the Pan...

Supreme Court

Supreme Court Dismisses Appeal Against Refusal to Quash Summons in Cheque Dishonour Case — Factual Defences Cannot Be Adjudicated Under Section 482 CrPC. Legal Presumption Under Section 139 of Negotiable Instruments Act, 1881 Favours Complainant at Pre-Trial Stage.

1 Jan 2022

The appellant, Rathish Babu Unnikrishnan, was the accused in a criminal complaint filed by Satish Gupta (respondent no. 2) under Section 138 of the Ne...

High Court

Bombay High Court Dismisses Interim Injunction in Specific Performance Suit — No Prima Facie Case for Restraint Against Developer. Court holds that mere existence of an agreement for sale does not entitle a plaintiff to an interim injunction restraining the defendant from dealing with the property, especially when the agreement is not registered and the plaintiff's conduct shows delay.

2 Mar 2017

The plaintiff, Sukhwant Properties Pvt Ltd, filed a suit for specific performance of an agreement for sale dated 15th October 2010, by which the 1st d...

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