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High Court Allows Writ Petitions Filed by Secured Creditor and Auction Purchasers, Quashing Attachment Orders of State Tax Authorities. Priority of Secured Creditor Under Section 26E of SARFAESI Act Held to Override ‘First Charge’ and Non-Obstante Clauses in the Maharashtra Goods and Services Tax Act, 2017....

The High Court of Judicature at Bombay allowed a batch of six writ petitions filed by a secured creditor and auction purchasers, quashing various attachment orders, intimations and encumbrance entries...

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Bombay High Court Dismisses Review Petition by State of Maharashtra Against Consent Order in Writ Petition — Concession by Government Advocate Binding on State. The court held that the State cannot resile from a concession made by its advocate, as it would be an abuse of process....

The judgment pertains to a Review Petition filed by the State of Maharashtra seeking review of an order dated 13/12/2019, which disposed of Writ Petition No. 1462/2019 filed by Mr. Kamal and Loshika B...

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Bombay High Court Allows Contempt Application Against Respondent for Willful Breach of Injunction Order in Trademark Infringement Suit. Use of 'NOVA MINI' mark and similar artistic work held to be deceptively similar to registered trademark 'NOVA' and artistic work, constituting contempt under Order XXXIX Rule 2A CPC....

The applicant, Dr. Ashok M. Bhat, is the registered proprietor of the trademark 'NOVA' and an artistic work used for brilliantine hair cream. In 2007, he discovered that Respondent No. 1, Harichand Na...

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Bombay High Court Dismisses College's Challenge to Maternity Benefit Order, Upholds Employee's Right to Maternity Leave and Full Wages. Maternity Benefit Act, 1961 applies to all establishments, and denial of maternity benefit to a female employee who has worked for 80 days in the preceding 12 months is illegal....

The petitioners, Somaiya Vidyavihar KJ Somaiya College of Arts and Commerce and its Principal, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 13th July...

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Madras High Court Allows Writ Appeal, Holds Application Under Subsistence Allowance Act Not Maintainable Against Cooperative Society; Employee Must Exhaust Remedies Under Tamil Nadu Co-operative Societies Act, 1983. Special Bye-Laws and Section 153 Govern Subsistence Allowance Claims, and Joint Commissioner of Labour Lacks Jurisdiction....

The dispute arose when an employee of a primary agricultural cooperative credit society, who was suspended on allegations of misappropriation of funds exceeding Rs.1 crore, sought payment of subsisten...

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Madras High Court (Madurai Bench) Dismisses Defendant's Second Appeal in Promissory Note Recovery Suit — Execution Admitted, Presumption Not Rebutted. Presumption under Section 118 Negotiable Instruments Act, 1881 not rebutted; rejection of additional evidence under Order 41 Rule 27 CPC upheld....

The dispute arose from a suit for recovery of money based on a promissory note dated 25.06.2007 executed by the defendant in favor of the plaintiff. The plaintiff, a dealer in second-hand vehicles, cl...

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Madras High Court Hears Second Appeal in Civil Suit for Declaration and Recovery of Possession. Substantial Questions of Law on Proof of Oral Partition, Title, and Admission of Additional Evidence Considered....

The second appeal arose from concurrent findings dismissing the plaintiff's suit for declaration, mandatory injunction, and recovery of possession. The plaintiff claimed title to 1 acre 19 cents in Su...

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Madras High Court Upholds Decree for Possession in Trust Property Dispute — Limitation Period Computed from Dismissal of LPA, Not from Original Entry Date. Held That Suit for Possession Filed Within 12 Years of High Court’s Decision in Earlier Title Suit Is Not Barred by Limitation, as Earlier Decree Negated Adverse Possession....

The second appeal arose from a suit for recovery of possession and mesne profits filed by a trust through its managing trustee against defendants who were in possession of trust property. The trust ha...

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Madras High Court Adjudicates Insurance Company's Appeal Against Motor Accident Compensation Award. The Appeal, Filed Under Section 173 of the Motor Vehicles Act, 1988, Questions the Quantum of Compensation for the Death of a Zomato Delivery Rider in a Road Accident....

This is an excerpt from a judgment of the Madras High Court. The appeal was preferred by the insurance company challenging the quantum of compensation awarded by the Tribunal. The accident involved a ...