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High Court of Karnataka Allows Canara Bank's Writ Petition Seeking Removal of Encumbrance Created by Commercial Tax Department on Mortgaged Property. Priority of Bank's Mortgage Over Statutory Charge Under Karnataka Value Added Tax Act, 2003 Upheld.

The petitioner, Canara Bank, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the St...

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Bombay High Court Dismisses Section 34 Petitions Against Partial Arbitral Awards in Koyna Hydro Electric Project Sub-Contract Dispute. Challenge to awards failing on grounds of settlement and coercion under Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 by Patel Engineering Co. Ltd. (th...

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Bombay High Court Examines Whether Assignee Bank Can Invoke SARFAESI Act for Debt Assigned by NBFC. The case involves interpretation of 'debt' and 'secured creditor' under SARFAESI Act, 2002 and RDDBFI Act, 1993, and the effect of assignment from a non-banking financial company to a bank.

The petitioner, a banking company, sought to enforce security interest under the SARFAESI Act after acquiring a debt and underlying security from a no...

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Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case. Municipal Corporation's Prior Consent to Resolution Plan Precludes Later Objections Under IBC.

The Municipal Corporation of Greater Mumbai (MCGM) appealed against the order of the National Company Law Appellate Tribunal (NCLAT) which had upheld ...

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High Court of Bombay Considers Official Liquidator's Plea for Handover of Assets and Records of Companies in Liquidation. Law Enforcement Agencies' Seizure of Properties and Books of Account Examined in Context of Winding Up Proceedings Under Companies Act, 1956.

The proceedings involved multiple Official Liquidator’s Reports and a Company Application arising out of the winding up of M/s. City Limouzines (Ind...

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Supreme Court Dismisses Special Leave Petitions in Housing Society Fraud Case -- Upholds High Court's Order Directing Homebuyers to Approach Housing Commissioner and File Civil Suit

The Supreme Court dismissed special leave petitions filed by homebuyers against the High Court's order in a housing society fraud case. The petitioner...

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Bombay High Court Acquits Accused in Corruption Case Due to Inconsistent Evidence and Lack of Sanction. Conviction under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance of bribe beyond reasonable doubt.

The present appeal was filed by Vinayak Raghunath Wakle, who was convicted by the learned Special Judge, Aurangabad, in Special Case No. 8 of 1998 for...