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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

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Supreme Court Allows Appeal in Bonus Calculation Dispute Involving Subsidiary Company. Service Fee Payment Under Technical Aid Agreement Held to Be Legitimate Expenditure, and Deduction of Bonus as Prior Charge Before Depreciation and Tax Ruled Improper Under Industrial Disputes Act, 1947.

The dispute arose out of a claim for bonus by the workmen of Crompton Parkinson (Works) Private Ltd., Bombay, which was initially a wholly-owned subsi...

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Bombay High Court Examines Whether Writ Petition Lies Against National Stock Exchange for Termination. Maintainability Questioned on Grounds That NSE is Not State Under Article 12 and Dispute is Contractual.

The petitioner, Suprabhat Lala, was appointed as a Manager with the National Stock Exchange (NSE) on 1 October 2001 under terms and conditions set out...

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Supreme Court Upholds Uttar Pradesh Board of Madarsa Education Act, 2004 as Valid Regulatory Legislation. High Court erred in striking down entire Act; provisions conflicting with UGC Act are severable.

The Supreme Court considered appeals against the Allahabad High Court's judgment striking down the Uttar Pradesh Board of Madarsa Education Act, 2004 ...

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Bombay High Court Allows Writ Petition Against Society's Refusal to Grant Membership to Purchaser of Premises. Registered Sale Deed Holder Entitled to Membership Under Section 23(2) of Maharashtra Cooperative Societies Act, 1960 Despite Developer's Objection.

The petitioners, Apna Sahakari Bank Ltd. and its Deputy General Manager, filed a writ petition under Article 226 of the Constitution of India challeng...

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High Court Adjudicates Writ Petition Challenging Externment Under Karnataka Police Act, 1963. Issues of Natural Justice and Mandatory Subjective Satisfaction Under Section 55(b) Considered.

The High Court of Karnataka at Bengaluru adjudicated a writ petition under Articles 226 and 227 of the Constitution of India, challenging an externmen...

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