Securities Law – SEBI Adjudication – Petitioner sought documents relied upon by SEBI in a show cause notice concerning alleged fund diversion – SEBI provided some documents but withheld others citing confidentiality – High Court dismissed the petition – Supreme Court upheld, emphasizing procedural compliance by SEBI and principles of natural justice [Paras 1-88].
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Arbitration Law – Interim Relief – Section 9 of the Arbitration Act empowers courts to grant interim measures to secure the amount in dispute in arbitration – The courts are not strictly bound by the provisions of the CPC, but must be guided by the underlying principles of procedural law – A strong prima facie case and balance of convenience in favor of the applicant justif...
Election Law – False Declaration – Corrupt Practices – The appellant was disqualified for making a false declaration about the assets of her spouse in her election affidavit – The false declaration constitutes a corrupt practice under Section 123 of the Representation of the People Act, 1951, as adopted by Section 39 of the Karnataka Municipal Corporation Act, 1976 – ...
Sports Law – BCCI Constitution – Cooling-off Period – Clause 6(4) – Proposed amendment to limit the cooling-off period to office bearers who complete two consecutive terms at the same level (state association or BCCI) – Amendment accepted with modifications to ensure cooling-off period applies to all office bearers, not just President and Secretary, to prevent monopol...
Charitable and Religious Endowments – Lease of Agricultural Lands – Appellant challenged the eviction order and sought lease consideration under Rule 15 of the 2003 Rules – High Court upheld statutory cancellation of leases under Section 82 of the 1987 Act – Supreme Court affirmed High Court's decision, finding land to be agricultural and not subject to the 2003 Rules [...
Civil Procedure – Second Appeal – Re-appreciation of Evidence – The High Court's jurisdiction under Section 41 of the Punjab Courts Act does not permit re-appreciation of evidence – Interference is warranted only if the decision is contrary to law, custom, or involves a substantial error or defect in procedure – High Court erred in re-examining findings of fact se...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – Anticipatory Bail – Evidence Linking Appellant – Appeal for anticipatory bail under Section 14-A SC/ST Act. Allegation of using objectionable words against a community over the phone, with the audio recording going viral. Held, no evidence linking the appellant to making the audio viral. Bail granted. [Paras 1...
Civil Procedure – Amendment of Pleadings – Petition for amendment of written statement in matrimonial case. Held, the provisions of Order 6 Rule 17 CPC empower the court to allow amendments at any stage to determine real questions in controversy. Amendments to written statements are granted more liberally than to plaints, especially when they elaborate the defense and are explanatory i...
Civil Procedure – Suppression of Material Facts – Appellant challenged the Appellate Court’s decree for specific performance on grounds of suppression of earlier suit – Respondents did not disclose the previous suit in the plaint, which was material to the case – Supreme Court held non-disclosure amounted to fraud on the court, rendering the decree void [Paras 1-34].
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Constitutional Law – Article 136 – Plea of juvenility under Section 7A of the Juvenile Justice Act, 2000 can be raised at any stage, even after final disposal of the case – Supreme Court emphasized the significance of juvenility claims and the need for appropriate verification, given the potential for juveniles to be wrongfully tried as adults [Paras 1-30].
Juvenile ...