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Bombay High Court Allows Secured Creditor's Priority Over Sales Tax Dues in MVAT Act Attachment Dispute. State Bank of India's mortgage charge on borrower's property held superior to VAT recovery under Section 32 of MVAT Act, 2002, following Central Bank of India v. State of Kerala ratio.

The State Bank of India (SBI), a secured creditor, filed a writ petition under Article 226 of the Constitution challenging the attachment of a propert...

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KAHC010306442014_1

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Supreme Court Allows Company's Appeal in Section 630 Companies Act Case — Former Director Must Vacate Property. Company's Right to Recover Property from Erstwhile Officer Upheld Despite Lack of Registered Title.

The Supreme Court allowed the appeal filed by Hooghly Mills Company Ltd. against the judgment of the Calcutta High Court, which had quashed the orders...

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Bombay High Court Quashes DRAT Order Waiving Pre-deposit in SARFAESI Appeal — Mandatory Deposit Under Section 18(1) Cannot Be Waived Without Recording Exceptional Hardship. Cooperative Bank's Right to Enforce Security Interest Upheld as Secured Creditor Under SARFAESI Act.

The petitioner, Godavari Laxmi Co-operative Bank Ltd., a cooperative bank, had issued a notice under Section 13(2) of the Securitisation and Reconstru...

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High Court of Karnataka Examines Validity of Order Cancelling De-notification under Land Acquisition Act – Key Issue Whether Possession Was Taken. Court Considers Application of Junjamma Precedent and Section 21 of Karnataka General Clauses Act.

The dispute involved two sets of writ petitions before the Karnataka High Court concerning land bearing Sy. No. 14/3 measuring 3 acres 09 guntas at Gi...

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Bombay High Court Allows Appeal Against Eviction Decree in Favour of Court Receiver — Tenancy Rights Not Extinguished by Consent Terms. The Court held that the Court Receiver could not evict the defendants as trespassers without due process, as the consent terms did not terminate their tenancy rights.

The appeal arises from a judgment and decree dated 22nd February 2010 passed by the Bombay City Civil Court in S.C.Suit No.1154 of 2000, decreeing the...

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Bombay High Court Dismisses Petitioners' Challenge to Land Acquisition for Street Scheme Due to Delay and Laches. Acquisition Proceedings Initiated in 1969 and Completed in 1986 Cannot Be Challenged After 14 Years Without Justification.

The dispute relates to the acquisition of land bearing field Survey Nos.147/2, 153, 154/1, 2 and 3, 155, 156 and 156/1, admeasuring about 10.10 acres,...