Search Results for "Precedence"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Precedence"

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High Court

High Court of Karnataka Allows Writ Petition Seeking Registration of Sale Certificate Under SARFAESI Act. Sub-Registrar Directed to Register Sale Certificate Despite Pending Civil Suit as Section 89(4) of Registration Act, 1908 Mandates Registration.

28 May 2024

The petitioner, Sri T. Bharathgowda, purchased a property at an auction conducted by Canara Bank (respondent No.3) under the Securitisation and Recons...

High Court

Bombay High Court Directs Removal of Central Excise Lien on Property Sold Under SARFAESI Act, Orders Registration of Sale Certificate. The Court held that the sale under the SARFAESI Act extinguishes all prior encumbrances, including statutory liens of the Excise Department, and the Sub-Registrar cannot refuse registration of the sale certificate on the ground of such prior encumbrance.

28 Jun 2023

The Petitioner, Ronak Industries, a partnership firm, purchased an immovable property (Survey No.366/5 and 366/6, admeasuring 2400 sq.mtrs, along with...

High Court

Bombay High Court Dismisses Petition Challenging Selection List for Ayurvedic Medical Officer Posts. Court holds that the selection process was fair and the petitioner failed to demonstrate any illegality or arbitrariness in the preparation of the merit list.

30 Aug 2022

The petitioner, a BAMS qualified doctor working temporarily under the National Health Mission, challenged the selection list for 9 posts of Ayurvedic ...

High Court

Bombay High Court Allows Release of Imported Bearings in IPR Suspension Case — Mandamus Issued for Violation of IPR Rules 2007. Customs Authorities Suspended Clearance Without Confiscation Order or Notice Under Rule 7 of IPR Rules, Violating Principles of Natural Justice.

12 Mar 2021

The petitioners, NBU Bearings Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in SARFAESI Act Priority Dispute — Employees' Dues Cannot Override Bank's Claim Over Sale Proceeds of Co-operative Society's Assets. The Court held that Section 529A of the Companies Act, 1956 does not apply to co-operative societies due to Section 167 of the Maharashtra Co-operative Societies Act, 1960, and employees' dues recoverable as arrears of land revenue do not create a paramount charge over secured assets.

4 Dec 2019

The appeal arose from a dispute between the Maharashtra State Co-operative Bank Ltd. (appellant) and employees of Vainganga Sahakari Sakhar Karkhana L...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court Decree. Handwriting Expert Evidence Cannot Override Consistent Testimony of Attesting Witnesses and Corroborative Receipt of Earnest Money.

27 Aug 2019

The case involves a suit for specific performance of an agreement of sale dated 20.04.1993 for a house in Karimnagar. The plaintiff (appellant) allege...

Supreme Court

Supreme Court Dismisses Appeal of Lease Claimants in Slum Rehabilitation Dispute — Welfare Legislation Overrides Equitable Rights. High Court's Order Setting Aside HPC Decision and Allowing Redevelopment Upheld as Slum Act Takes Precedence Over Prospective Lessees' Claims.

11 Feb 2019

The Supreme Court dismissed the appeal arising from a slum rehabilitation dispute in Mumbai. The appellants, legal representatives of Lullu Vas, claim...

High Court

High Court of Bombay at Aurangabad Hears Appeals in Gang Rape Case; Convicts Challenge Conviction and State Seeks Enhancement of Sentence. Accused Were Convicted Under Sections 376(2)(g) and 366 IPC for Gang Rape of Two Minor Girls and Sentenced to 10 Years Rigorous Imprisonment.

21 Nov 2017

Criminal appeals arising from the judgment of the Sessions Court, Parbhani, in Sessions Case No. 121 of 1994 were taken up by the High Court of Judica...

High Court

Bombay High Court Quashes Sales Tax Notices Against Axis Bank in Liquidation Proceeding — No Liability for Tax Deducted at Source Under MVAT Act After Company's Winding Up. The Court held that the State cannot recover tax from a secured creditor who had no obligation to deduct tax at source under Section 42 of the Maharashtra Value Added Tax Act, 2002, as the deduction obligation arises only when payment is made to the dealer, and after winding up, the Official Liquidator is the proper authority.

7 Mar 2017

The petitioner, Axis Bank Ltd., a banking company, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court s...

High Court

Bombay High Court Dismisses Petition Challenging Fair Price Shop Allotment Reversal — Legal Heir Preference Not Available Under 1991 Government Resolution. The court held that the Additional Commissioner did not err in reversing the Sub Divisional Officer's order allotting the shop to the petitioner, as the legal heir's claim was not considered under the applicable Government Resolution dated 12.11.1991.

22 Aug 2006

The petitioner, Pyarelal Damodhar Dhargave, filed a writ petition challenging the order dated 28.12.1995 passed by the Additional Commissioner (respon...

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