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Bombay High Court Dismisses Bank's Petition Challenging Rejection of Plaint Rejection Application in SARFAESI Act Suit. Court Holds That Bar Under Section 34 of SARFAESI Act Is Not Absolute and Civil Court Retains Jurisdiction to Examine Legality of Proceedings.

The petitioners, Jalgaon Peoples Co-operative Bank Ltd. and its authorized officer, challenged an order dated 27.09.2016 passed by the 6th Joint Civil...

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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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Madras High Court Adjudicates Contempt Petitions Against Revenue Officials for Disobedience of Writ Court Orders. Contempt Alleged for Failure to Comply with Directions Despite Revenue Recovery Act Procedures; Court Notes Contempt Clear and Directs Filing of Affidavits.

The High Court of Madras considered three contempt petitions filed by Sudhir N Shenoy, Gurucharan Radhakrishnapanda, and Swaminathan Nair alleging wil...

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Supreme Court Allows Appellant in Mining Auction Dispute Due to Arbitrary Forfeiture of Earnest Money. Writ Jurisdiction Exercised Under Article 226 of the Constitution as Government Action Was Unreasonable and Facts Were Undisputed, Directing Refund of Forfeited Amount.

The dispute arose from a mining auction conducted by the Directorate of Mining, Industries and Commerce Department, Chandigarh, Punjab. The appellant,...

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High Court of Karnataka Dismisses Writ Petitions Challenging Execution Proceedings in Land Dispute — Execution Petition Not Barred by Limitation Under Article 136 of Limitation Act, 1963. Decree Holder's Application for Execution Within 12 Years of Decree Is Maintainable Despite Delay in Filing.

The case involves two writ petitions filed by the Chief Officer of Town Panchayath, T. Narasipura, challenging the execution proceedings in Ex. Case N...

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Bombay High Court Dismisses Petition for Detention Certificate and Setting Aside of Auction in Customs Detention Case — Auction Upheld as Goods Were Not Cleared Despite Court Orders and Had Already Been Auctioned by Warehousing Corporation.

The petitioners, M/s Santogen Silk Mills Ltd. and its shareholder, imported 41 second-hand Sulzer looms in March 1994. Prior to import, the customs de...

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High Court of Bombay at Goa Dismisses Petitioner's Writ Seeking Allotment of Plots in Auction. Bid Rejection Upheld as Not Arbitrary; Petitioner Failed to Establish Right to Mandamus.

The petitioner, M/s. Gautam Builders & Developers, a registered partnership firm, filed a writ petition under Article 226 of the Constitution before t...