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ARBITRATION PETITION (L) NO. 1793 OF 2013

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Bombay High Court Dismisses Writ Petitions Challenging Transfer Order of Government Officer in Town Planning Department — Upholds State's Power of Transfer as an Incident of Service. Transfer Order Issued in Public Interest and Not Vitiated by Malafides or Violation of Statutory Rules.

The petitioner, Shri Noreshwar Raghunathrao Shende, was serving as Director of Town Planning, Maharashtra State, Pune. He was transferred to the post ...

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Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Property Dispute — Suit Barred by Limitation Under Order 7 Rule 11(d) CPC. Clause 10 of Agreement for Sale Dated 31-03-1957 Was a Right of Re-Conveyance, Not a Contract for Sale, and Cause of Action Arose in 1988.

The appellant, Kishorbhai Premchand Shah, filed a civil suit in the City Civil Court, Mumbai, seeking a declaration of ownership and permanent injunct...

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Supreme Court Allows Appeal in Consent Decree Execution Dispute — Family Settlement Must Be Enforced to Give Fruits of Decree. Court Holds That Executing Court Cannot Nullify Consent Terms by Reading Implied Conditions; Direction Issued to Execute Letter of Allotment.

The dispute arose between two groups of family members, the PA Group (appellants) and the RA Group (respondents), over the assets of Kash Foods Privat...

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High Court of Karnataka Examines Validity of Confiscation After Detention Under CGST Act. Goods Transported Without E-Way Bill and Alleged Undervaluation Leads to Dispute Over Proper Officer's Jurisdiction Under Sections 129 and 130 of CGST Act.

This writ petition before the High Court of Karnataka Dharwad Bench concerned a challenge to an appellate order confirming the confiscation of goods a...

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Supreme Court Dismisses Appeal by Operational Creditor in IBC Resolution Plan Challenge — Commercial Wisdom of Committee of Creditors Upheld. Noida Special Economic Zone Authority's claim for full admitted dues rejected as Resolution Plan approved by CoC and NCLT stands, with IBC overriding SEZ Act.

The case involves an appeal by Noida Special Economic Zone Authority (NSEZ Authority), an operational creditor, against the approval of a resolution p...