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Bombay High Court Allows Second Appeal in Mortgage Redemption Case — Appellants Held Entitled to Right of Redemption Along with Respondent No.1. Co-mortgagors' Right to Redeem Mortgage Property Upheld Under Mortgage by Conditional Sale Deed Dated 15th April 1971.

The case involves a Second Appeal filed by the original Defendants Nos. 2 to 8 against the judgment of the lower appellate court. The Respondent No.1,...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

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Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

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High Court of Karnataka Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Matter — One Time Settlement Not Binding as Bank Did Not Accept Offer. Court Held That Mere Submission of OTS Proposal Does Not Create Binding Contract; Bank's Rejection Valid.

The petitioners, borrowers of the respondent bank, challenged the order dated 22.09.2022 passed by the Debt Recovery Tribunal-I, Bangalore in Diary No...

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Bombay High Court Dismisses Plaintiff's Interim Injunction Application in Trademark Infringement Suit Over Descriptive Mark 'OCTRIDE'. Court holds that the mark is descriptive of the active ingredient Octreotide and lacks distinctiveness, and balance of convenience favors the defendant.

The plaintiff, Sun Pharma Laboratories Limited, filed a commercial IP suit seeking an interim injunction to restrain the defendant, United Biotech Pri...