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Bombay High Court Allows Bank of Baroda's Petition to Quash Sales Tax Attachment Over Secured Assets, Holding SARFAESI Act Priority Over State Dues. Secured Creditor's Claim Under Section 26E of SARFAESI Act Overrides Crown Debt Under MVAT Act, Attachment Without Notice Invalid.

The Bank of Baroda, a secured creditor under the SARFAESI Act, had sanctioned credit facilities to M/s. Gajanan India Chemco between September 2009 an...

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Bombay High Court Allows Writ Petitions of Shop Tenants Against BMC and MHADA for Occupation Certificate and Tax Waiver. Developer's Default in Surrendering Area to MHADA Cannot Prejudice Tenants Who Cooperated in Redevelopment.

The petitioners were tenants of shops in a property owned by Mumtaj Begum Shah Mohammed and others, located at Miya Mohamed Chhotani Road, Mahim, Mumb...

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Bombay High Court Quashes GST Attachment Order for Violation of Natural Justice — Provisional Attachment Under Section 83 of MGST Act Set Aside as No Prior Notice or Hearing Given

The petitioner, Prasanna Karunakar Shetty, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challengi...

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Bombay High Court Allows Writ Petition Challenging Tax Recovery Proceedings Against Trust. Section 179(1) of Income Tax Act, 1961 cannot be invoked against trustees of a trust for tax dues of a company.

The petitioners, trustees of the Ramniklal C. Laliwala Family Benefit Trust, filed a writ petition under Article 226 of the Constitution of India chal...

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Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

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Bombay High Court Dismisses Tenants' Petition Against Eviction Decree for Non-Payment of Rent and Education Cess. Landlord's Suit for Eviction Maintainable Despite Court Receiver's Appointment Under Section 12(3)(a) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The case involves a writ petition under Article 227 of the Constitution of India filed by the petitioners (original defendants) challenging the judgme...

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Supreme Court Upholds Finality of Appellate Order Under Rent Act; Amended Section 29(2) Not Retrospective. High Court Revisional Power Under CPC, Not Amended Act, Applies to Pre-Amendment Decisions.

The dispute arose from a suit for ejectment, arrears of rent, and other dues filed in July 1958 by the respondent-landlord against the appellant-tenan...