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Supreme Court Allows Secured Creditor's Appeal in Customs Duty Priority Dispute Over Wound-Up Company's Hypothecated Goods. Held that customs authorities do not have priority over secured creditors under Section 529A of Companies Act, 1956 for sale of warehoused goods under Customs Act, 1962.

The appeal by Industrial Development Bank of India (IDBI) challenged the judgment of the Andhra Pradesh High Court which held that customs authorities...

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Bombay High Court Acquits Police Constable in Corruption Case Due to Unreliable Complainant and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Anna Mahadu Arote, a police constable, was convicted by the Special Judge, Greater Bombay, for offences under Section 7 and Section 13(...

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Bombay High Court Sets Aside Discharge of Accused in Cheque Bounce Case Despite BIFR Proceedings. The court held that an order under Section 22 of SICA does not automatically bar criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner, Harshad Jayprasad Bakshi, filed a criminal writ petition challenging the order of the learned Metropolitan Magistrate, 12th Court, Mum...

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Bombay High Court Dismisses Petition Challenging Rejection of Impleadment Application in Suit Challenging MHADA Notice. The court held that the petitioner, a company, was not a necessary or proper party to the suit between tenants and MHADA and had no right to be impleaded.

The petitioner, Orbit Corporate Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 9-2-2012 pass...

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Bombay High Court Allows Writ Petition Against Sales Tax Auction of Property Already Secured Under SARFAESI Act. Securitisation Act Overrides State Revenue Recovery Laws Under Section 35, and Sale Must Be Conducted by Secured Creditor.

The petitioners, Viraat Ispat Limited and another, challenged an auction notice dated 13 September 2011 issued by the Assistant Commissioner of Sales ...

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NCLAT Dismisses Financial Creditor's Appeal Against Rejection of Section 7 Application as Time-Barred. Application Under Section 7 of IBC, 2016 Filed Beyond Three Years from NPA Declaration Held Barred by Limitation.

The appeal was filed by M/s. Canara Bank (Appellant/Financial Creditor) against the order of the National Company Law Tribunal, Hyderabad Bench, which...