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Bombay High Court Quashes Stamp Duty Reassessment Order Due to Violation of Natural Justice and Non-Application of Mind. Collector's order set aside for failing to consider petitioner's objections and relying on unsubstantiated ready reckoner rates without providing opportunity of hearing.

The petitioner, Crystal Construction Company, challenged an order dated 16 September 2021 passed by the Collector of Stamps, Andheri, which adjudicate...

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Supreme Court Upholds Bank's Reauction and Deposit Forfeiture Under SARFAESI Act, 2002. Auction purchaser's failure to pay balance within stipulated time justified forfeiture, with liberty to pursue recovery through independent proceedings.

The appeal arose from a dispute involving auction proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Secur...

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Supreme Court Allows Appeals by Odisha Forest Development Corporation Ltd. in Tender Dispute — Refund of Deposit Ordered by High Court Set Aside. Forfeiture of Security Deposit Upheld as Per Contract Terms When Writ Petition Withdrawn Without Pressing Challenge.

The Supreme Court of India heard a batch of appeals arising from orders of the High Court of Orissa. The appellant, Odisha Forest Development Corporat...

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Bombay High Court Allows Writ Petition Challenging Blacklisting Order in Sand Ghat Auction — Review Without Hearing Violates Natural Justice. Divisional Commissioner's Order Quashed as Petitioner Was Not Afforded Opportunity of Hearing Before Adverse Decision.

The petitioner, Raju Leeladhar Sawwalakhe, a businessman involved in sand excavation for about 20 years, participated in an auction of sand ghats cond...

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Bombay High Court Quashes Cancellation of Sand Ghat Allotments in Re-auction Dispute — Violation of Natural Justice and Lack of Hearing. The court held that cancellation of allotment without notice and hearing is arbitrary and unsustainable under Article 226 of the Constitution of India.

The petitioners, five proprietors of firms, were allotted sand ghats through an auction process. However, the respondents issued a re-auction notice o...

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Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

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Bombay High Court Quashes Cheating Charge Against Auction Purchaser for Failure to Pay Balance Amount. Non-payment of auction amount does not constitute cheating under Section 420 IPC when the purchaser expressed inability and requested cancellation.

The applicant, Ayub Ahmed Sayyed, was the highest bidder in an auction conducted by the Collector, Ahmednagar for a sand strip in river bed Mula at Ma...

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Bombay High Court Allows Petition of Bidder in Sand Ghat Auction Dispute, Quashing Demand for 75% Bid Amount After Cancellation. Auction Conditions Limit Remedy to Forfeiture of Deposit and Recovery of Difference on Reauction, Not Full Bid Amount.

The petitioner, Western Coalfields Ltd., participated in an auction for sand ghats in Yavatmal district conducted by the State of Maharashtra. The pet...

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Bombay High Court Quashes Recovery Proceedings Against Timber Purchasers for Fire-Destroyed Goods. Property in Timber Not Passed to Purchasers Under Sale of Goods Act, 1930, Hence No Liability Under Maharashtra Land Revenue Code.

The petitioners, fifteen timber merchants, participated in an auction conducted by the Forest Department on 16.04.2008 and 15.05.2008 for the purchase...