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Bombay High Court Dismisses Petition Challenging SAFEMA Notice Against Family Members of Convicted NDPS Offender. Property Attachment Under SAFEMA Sections 68A-68I Upheld as Independent of Criminal Trial Outcome.

The petitioners, Zaibunissa Ebrahim Khan, Junaid Ebrahim Khan, Faizal Ebrahim Khan, Imran Ebrahim Khan, and Afzal Ebrahim Khan, are family members of ...

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High Court of Karnataka Dismisses Writ Petition Challenging Consumer Forum Orders in Execution Proceedings. No Jurisdictional Error Found in Attachment of Property for Enforcement of Consumer Award Under Consumer Protection Act, 1986.

The petitioners, M/s Sequeira Star Home Builders and others, filed a writ petition under Articles 226 and 227 of the Constitution of India read with S...

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Bombay High Court Dismisses Appeal Under MPID Act Seeking Release of Attached Property — Property Acquired During Pendency of Criminal Proceedings Cannot Be Claimed as Bona Fide Purchaser Without Notice.

The case involves an appeal filed by Ved Prakash Arya under Section 11 of the Maharashtra Protection of Interest of Depositors (in Financial Establish...

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Bombay High Court Allows Writ Petition Challenging Attachment Notice Against Bona Fide Purchaser of Flat from Borrower. Recovery Certificate Not Binding on Purchaser Who Paid Full Consideration Before Loan Availed.

The petitioner, Swati Mangesh Sawant, filed a writ petition challenging a notice dated 12 March 2021 issued by the Special Recovery Officer and a Reco...

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Bombay High Court Allows Appeal of Property Owners Against Attachment Under MPID Act — Property Not Proceeds of Crime. The court held that property owned by third parties not accused cannot be attached merely because the accused was in possession under a leave and licence agreement.

The appellants, Smt. Madhu Deepak Gogri and Mayank Deepak Gogri, are the owners of Shop Nos. 1 and 2 in Prem Bhanu Apartment, Borivali (West). The pro...

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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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Karnataka High Court Allows State's Revision Against Order Defreezing Bank Accounts in Lokayukta Case. Court holds that Section 457 Cr.P.C. applications for defreezing of accounts are not maintainable during pendency of trial under Prevention of Corruption Act, 1988.

The State of Karnataka, through Lokayukta Police, filed a revision petition under Section 397(1) r/w 401 Cr.P.C. challenging an order dated 10.04.2015...