Securities Law – SEBI Investigation – Non-compliance with Summons – Appellants were under investigation for aiding and abetting market manipulation by Ketan Parekh – Failed to comply with multiple summons issued by SEBI requiring the production of documents and information – SEBI imposed penalties under Section 15A(a) of the SEBI Act – SAT upheld SEBI’s de...
Service Tax – Manpower Recruitment or Supply Agency – Appellant engaged FSE for the appearance of tennis player VA in the Chennai Open Tennis Tournament – Service tax demand raised under 'manpower recruitment or supply agency' – Supreme Court held that the definition under Section 65(68) does not require an employer-employee relationship between the agency and the p...
Service Law – Terminal Benefits – Appellants, former employees of the Research and Analysis Wing, sought terminal benefits and pension after the merger of their posts was retrospectively applied – The Cabinet Secretariat initially reclassified the posts, merging them in a manner that was challenged – Central Administrative Tribunal (CAT) directed for reconsideration and the...
Insurance claim – Repudiation of claim – Grounds for repudiation – Lack of registration certificate, route permit, and fitness certificate – Temporary registration certificate issued for newly purchased vehicle – Fitness certificate deemed to be included in temporary registration certificate – Lack of route permit not applicable when vehicle being moved for safe...
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].
&...
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...
Jurisdiction of eviction petition under Wakf Act - Whether eviction petition against Wakf property maintainable before Civil Court - Supreme Court held in Ramesh Gobindram vs Sugra Humayun Mirza Wakf that eviction petition against Wakf property maintainable before Civil Court - 2013 amendment of Wakf Act not applicable retrospectively - Eviction petition filed prior to amendment maintainable befor...
Termination of services during probation period – Appeal and revision – Maintainability – The petitioner’s services as a constable were terminated while on probation. The appellate authority dismissed the petitioner’s appeal on a technical ground, and the respondents contended that the petitioner had an alternative remedy of filing a revision petition. The court exami...