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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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Bombay High Court Examines Legality of Stop-Work Notice Issued by MCGM Based on Naval NOC Requirement for Building Construction. Petitioners Challenged Requirement as Ultra Vires MRTP Act After Obtaining IOD and Commencement Certificate Without Such Condition.

The petitioners, a co-operative housing society and a developer, filed a writ petition under Article 226 before the Bombay High Court challenging a st...

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Madras High Court Allows Appeal in Specific Performance Suit — Plaintiff's Readiness and Willingness Established Despite Minor Discrepancies in Pleadings. Sale Agreement for Rs.14 Lakh with Rs.3 Lakh Advance Held Enforceable as Plaintiff Demonstrated Continuous Readiness and Willingness to Perform.

The appellant/plaintiff, K. Eswaran, filed a suit for specific performance of a sale agreement dated July 24, 2014, whereby the first defendant, S. Ja...

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Bombay High Court Allows SEBI's Appeal Against Interim Order Restraining Adjudication Proceedings. Civil Suit Against SEBI Held Not Maintainable Due to Alternative Remedy Under SEBI Act, 1992.

The case involves an appeal by the Securities and Exchange Board of India (SEBI) against an interim order passed by a Single Judge of the Bombay High ...

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Bombay High Court Dismisses Guarantor's Appeal in Bank Recovery Suit — Guarantee Not Limited to Three Years, Liability Joint and Several. The court held that the guarantor failed to prove the alleged limitation of three years and is jointly and severally liable under the Indian Contract Act, 1872.

The case involves a first appeal filed by Padmakar Krushnarao Bhagwatkar, who was the guarantor/defendant No.2 in a suit filed by the State Bank of In...

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Supreme Court Allows State Appeal in Default Bail Case Under UAPA — Extension of Custody Upheld Despite Procedural Defects. Report of Public Prosecutor Must Indicate Application of Mind, But Technical Non-Compliance Not Fatal When Substance Exists.

The Supreme Court allowed the appeal filed by the State of Maharashtra against the Bombay High Court's order granting default bail to the respondents/...

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Supreme Court Upholds Dismissal of Assessee's Appeals for Non-Payment of Tax; Holds Extension of Assam Sales Tax Act to Shillong Administered Area Valid. Requirement of Payment of Tax Before Appeal Under Section 30 of Assam Sales Tax Act, 1947 Upheld, No Power to Accept Security in Lieu of Cash.

The dispute arose out of assessment orders and penalties imposed under the Assam Sales Tax Act, 1947 on the appellant for various periods, all of whic...

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Bombay High Court Allows Writ Petition Challenging Cancellation of Tender Award in Public Works Contract. Court holds that once a tender is accepted and performance security deposited, the contract is concluded and cannot be unilaterally cancelled without valid reasons.

The petitioner, M/s. Tirupati Construction, a proprietorship firm, participated in an e-tender issued by the Chief Executive Officer, Zilla Parishad, ...