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Bombay High Court Dismisses Appeal by Lenders Against Order Setting Aside Sale of Mortgaged Property Under SARFAESI Act — Held That Sale Was Not Conducted in a Fair and Transparent Manner and That the Borrower Was Not Given Adequate Notice of the Sale.

The case involves an appeal by a consortium of banks and a trustee company (the lenders) against an order of the Debt Recovery Tribunal (DRT) setting ...

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Supreme Court Partially Strikes Down FCRA Amendment Act 2020 — Ban on Transfer of Foreign Funds and Mandatory Aadhaar Held Unconstitutional. The court upheld the requirement of a single FCRA account at SBI New Delhi as a reasonable regulatory measure to prevent misuse of foreign funds.

The judgment deals with a batch of writ petitions challenging the constitutional validity of certain amendments made to the Foreign Contribution (Regu...

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High Court Upholds Writ Petition Against Private Educational Institution for Unilateral Change in Staff Service Conditions. Supreme Court affirms decision, emphasizing the public duty of education institutions and the doctrine of legitimate expectation.

The High Court on 05.08.2014, regarding the maintainability of a writ petition under Article 226 against a private educational institution. The case i...

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Gujarat High Court Allows Pensionary Benefits to Daily Wager by Counting Entire Service from Initial Appointment. Daily Wage Service Counts as Qualifying Service for Pension Under Rule 3(8) of Gujarat Civil Services (Pension) Rules, 2002 When Followed by Regularization.

The petitioner, Bhathibhai Valambhai Baria, was initially appointed as a daily wager on 01.06.2002 by the respondents (State of Gujarat and its author...

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Supreme Court Allows Priority to Secured Creditors Over Attached Assets in NSEL Scam Case. Secured Creditors Under SARFAESI Act and RDB Act Have Priority Over Attachments Under PMLA and MPID Act, and Moratorium Under IBC Does Not Bar Execution Against Properties Attached Under MPID Act.

The Supreme Court in this judgment addressed two priority questions of law arising from the NSEL scam, where the petitioner, National Spot Exchange Li...