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High Court of Judicature at Bombay Reviews Challenge to Removal of APMC Members for Alleged Misconduct. Petitioners Asserted That Demand for Minimum Support Price Did Not Constitute Misconduct Under Section 17 of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963.

The writ petitions arose from orders of removal of elected members of Agricultural Produce Market Committee (APMC), Ghatanji, under Section 17 of the ...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Allows Appeal in MPID Act Case — Quashes Attachment Order for Lack of Nexus with Crime. Property of Hotel Avion Private Ltd cannot be attached under Section 3 of Maharashtra Protection of Interest of Depositors Act, 1999 without direct link to alleged default.

The appellant, Hotel Avion Private Ltd, filed two criminal appeals challenging the attachment of its property under the Maharashtra Protection of Inte...

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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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WRIT PETITION NO. 10533 OF 2023

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Bombay High Court Allows Bank's Petition Against GST Attachment of Secured Assets Under SARFAESI Act. Priority of Secured Creditor Over Crown Debts Upheld Under Section 26E of SARFAESI Act and Section 31B of RDDB Act.

The petitioner, Indian Overseas Bank, a secured creditor, had extended credit facilities to Respondent No. 3, Savair Energy Limited. Upon default, the...