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High Court of Gujarat Quashed Order Refusing Registration of Sale Deed in SARFAESI Act Case — Reasoning that SARFAESI Act Overrides State VAT Attachment. Sub-Registrar Directed to Register Sale Certificate Issued by Bank, as Prior Attachment Under Gujarat VAT Act Does Not Bar Registration.

The petitioner, a successful auction purchaser, filed a writ petition under Article 226 of the Constitution challenging the refusal of the Sub-Registr...

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High Court of Karnataka Decides Criminal Appeals Against Conviction for Murder under Section 302 IPC and Against Non-Imposition of Fine. The Court Examined the Evidentiary Value of Oral Dying Declaration and the Requirement of Imposition of Fine under Section 302 IPC.

The case concerns the murder of A.C. Yathisha on 03.04.2013. The prosecution alleged that the accused, Rajegowda @ Guruswamy, assaulted the deceased w...

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High Court of Karnataka Quashes NCLT Order Directing State to Permit Windmill Operations in Insolvency Case. NCLT Exceeded Jurisdiction by Exercising Judicial Review Over Administrative Decision, Following Supreme Court Decision in Embassy Property Developments v. State of Karnataka.

The dispute arose out of insolvency proceedings against M/s Wind World (India) Limited, which held a lease over forest land for operating windmills. T...

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Karnataka High Court Delivers Order on Writ Petitions Challenging DGFT Policy Circulars on SEIS Eligibility and Show Cause Notices. The Court Addresses the Ultra Vires Nature of Circulars No. 06/2018 and 08/2018 under Foreign Trade Policy 2015-2020.

Two writ petitions were filed before the Karnataka High Court challenging the validity of Policy Circulars No. 06/2018 dated 22.05.2018 and No. 08/201...

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Bombay High Court Delivers Judgment in Public Interest Litigation No. 47 of 2013 Regarding Change of Land Use and Allotment. The court examined the validity of modifying user of a plot from public utility to commercial and the subsequent allotment to a trust.

This Public Interest Litigation (PIL) was filed by Citizen Forum For Equality, a registered NGO, challenging the modification of user of a plot in the...

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WRIT PETITION NO. 5204 OF 2019

The present writ petition was filed by six petitioners, including two public limited companies and four individuals, challenging an order dated 30.05....

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Bombay High Court Upholds Bank's Right to Enforce Security Under SARFAESI Act Outside Insolvency; No Fetters on Secured Creditor. Secured creditor entitled to stand outside insolvency proceedings under Presidency-Towns Insolvency Act, 1909 and proceed under SARFAESI Act for recovery of dues.

The appellant, Punjab National Bank, stood as a secured creditor by virtue of a guarantee executed by the second respondent, Soumit Ranjan Jena, for a...