Tag: Civil Procedure
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Exclusion of Jurisdiction of Civil Courts under the SEBI Act
[Posted by Mihir Naniwadekar] Legally India has made available certain expert witness statements filed before US Courts in the class action litigation concerning Satyam, which was recently settled. One of the witness statements, by Mr. Sandeep Parekh, makes an interesting point; but I am not entirely sure of the tenability in law of that point. Mr.…
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Res Judicata and Special Statutes
[Posted by V. Niranjan] The rapid proliferation of Tribunals in India has perhaps masked an allied, and yet facially less controversial feature of adjudication – the growth of special statutes and the creation of jurisdictional courts to resolve disputes arising out of those statutes. Facially, no constitutional vice attaches to such statutes – indeed, it…