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Supreme Court Allows Appeal in Consumer Protection Case, Reversing NCDRC's Dismissal on Consumer Status. Overdraft Facility Availed by Stockbroker for Business Qualifies as Consumer Service Under Exception for Self-Employment Livelihood in Section 2(1)(d)(ii) of Consumer Protection Act, 1986.

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dismissing a consumer complaint on the ground that the...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration and Conciliation Act, 1996 — Upholds Arbitral Award Holding Stockbroker Liable for Unauthorized Trades by Agent. Broker Failed to Prove Client Authorization for Disputed Trades, Resulting in Compensation of Rs.14,37,200/- to Client.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by IIFL Capital Services Limited (formerly IIFL Secu...

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Supreme Court Dismisses SEBI's Appeal in Securities Market Violation Case Due to Absence of Question of Law. Tribunal's Factual Findings on Advertisements, Manipulation, and Natural Justice Upheld, with Jurisdiction Under Section 15Z of SEBI Act, 1992 Confined to Legal Issues.

The dispute arose from a statutory appeal under Section 15Z of the Securities and Exchange Board of India Act, 1992, filed by SEBI against the Securit...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Stockbroker Dispute, Upholds Limitation and Maintainability. The Court held that the claim was within limitation due to acknowledgement of debt and that the arbitration application was maintainable despite directors' disqualification.

The Appellant, Kaynet Finance Limited, a member-broker at the National Stock Exchange of India, was appointed by the Respondent, Verona Capital Limite...

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Bombay High Court Quashes FIR and Section 156(3) Order in Stockbroker-Client Dispute. Dispute over share transactions held to be civil, not criminal, under Section 409 IPC.

The petitioners, Nirmal Bang Securities Private Limited (a stockbroking company) and its directors, filed a writ petition under Article 226 of the Con...

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High Court of Bombay Dismisses Broker's Challenge to Arbitral Award in Client Dispute Over Delay Paying Charges. Unilateral Charging of 2% Daily Interest Without Specific Agreement or Proof of Loss Held Unconscionable and Not Enforceable Under Section 34 of Arbitration and Conciliation Act, 1996.

The case involves a dispute between Sharekhan Limited, a trading member/broker of the Bombay Stock Exchange (BSE), and Nita Thakkar, a client. The bro...

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Supreme Court of India Ruled on the Definition of ‘Consumer’ Under the Consumer Protection Act, 1986 in Loan Transactions

The Apex Court Held That a Borrower of a Project Loan Does Not Qualify as a ‘Consumer’ When the Loan is Availed for Commercial Purposes The Supre...

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Bombay High Court Dismisses Abans Enterprises’ Petition on SEBI Settlement Regulations. Validity of SEBI’s Settlement Mechanism Upheld Amid Allegations of Market Manipulation.

The petitioners challenged the validity of certain regulations under the SEBI (Settlement Proceedings) Regulations, 2018, and the rejection of their s...

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Bombay High Court Quashes Reassessment Notice for AY 2013-14 Citing Lack of Proper Grounds. Court rules that reassessment cannot be initiated after four years without evidence of the assessee’s failure to disclose material facts during original scrutiny assessment.

  The reassessment proceedings initiated against the petitioner for the Assessment Year (AY) 2013-14, after scrutiny assessm...