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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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Bombay High Court Allows Petition Challenging Eviction Order Under Maharashtra Rent Control Act, 1999 — Presumption Under Section 55 Not Rebutted. Landlord Failed to Produce Written Agreement or Rebut Presumption of Tenancy, Leading to Setting Aside of Eviction Order.

The petitioner, Prakash Ghevarchand Kothari, challenged the eviction order passed by the competent authority under the Maharashtra Rent Control Act, 1...

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Bombay High Court Dismisses Writ Petition Against Eviction Decree in Partnership Property Dispute. Concurrent findings of fact that defendants were licensees, not tenants, upheld under Article 227.

The petitioners (original defendants) were a partnership firm occupying premises owned by the respondent (original plaintiff) partnership firm. Initia...

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Supreme Court Acquits Appellants in Essential Commodities Act Case Due to Lack of Valid Control Order and Insufficient Evidence. Cement Storage Allegations Fail to Sustain Conviction Under Essential Commodities Act

The Supreme Court acquitted Appellants, who were convicted under Section 3 read with Section 7 of the Essential Commodities Act, 1955 for allegedly po...

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Bombay High Court Continues Ex-Parte Injunction in Copyright and Trademark Infringement Suit Over ATYATI Device Mark. The Court found no suppression by the Plaintiff and held that the Defendants' adoption of a deceptively similar logo without explanation warranted continuation of the injunction.

The present suit was filed by the Plaintiff, a company engaged in IT solutions, alleging infringement of its copyright in the ATYATI device mark, infr...

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Bombay High Court Dismisses Petition Challenging Forest Department's Notice on Private Forest Land. Held that lands restored under Section 22A of Maharashtra Private Forests (Acquisition) Act, 1975 retain status of reserved forest under Indian Forest Act, 1927.

The Petitioner, Sinhagad Technical Education Society, claimed ownership of lands bearing Gat Nos. 310 and 311 at village Kusgaon Budruk, Taluka Maval,...