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Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

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Bombay High Court Quashes Provisional Attachment Order in GST Case for Non-Compliance with Section 83(1) MGST Act — Attachment Without Pending Proceeding or Prior Notice Invalid

The petitioner, Praful Nanji Satra, a businessman who rented out commercial premises and paid GST on license fees, challenged a provisional attachment...

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Bombay High Court Allows State's Petition Challenging NCLT Order De-freezing MPID Attached Accounts. MPID Act Overrides IBC for Attachment and Confiscation of Properties of Financial Establishments.

The State of Maharashtra, through the Deputy Collector and Competent Authority (NSEL), filed a writ petition under Articles 226 and 227 of the Constit...

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Bombay High Court Quashes Provisional Attachment of Bank Account in GST Case — Attachment Without Show Cause Notice Violates Principles of Natural Justice. Section 83(1) of CGST Act, 2017 Requires Prior Notice and Opportunity of Hearing Before Attachment.

The petitioner, Kaish Impex Private Limited, a company engaged in the export of perfumes and compound fragrance oil and registered under the Goods and...

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Bombay High Court Quashes Provisional Attachment Order and Show Cause Notice Under PMLA for Lack of Reasons. Show Cause Notice Under Section 8(1) of Prevention of Money Laundering Act, 2002 Must Contain Reasons for Belief of Offence Under Section 3 or Possession of Proceeds of Crime.

The petitioner, Brizo Reality Company Pvt. Ltd., filed a writ petition before the Bombay High Court seeking to quash a provisional attachment order da...

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Bombay High Court Dismisses Petition Challenging Recovery Certificate Satisfaction Orders in Cooperative Bank Dispute. Special Recovery Officer lacks jurisdiction to adjudicate on validity of recovery certificates or order refund under Maharashtra Cooperative Societies Act, 1960.

The petitioners, M/s. Vilas Transport Co., a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging two or...

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Supreme Court Upholds Immunity of Provident Fund Amounts from Attachment Under Section 3(1) of Provident Funds Act, 1925. Attachment of Money Held by Reserve Bank for Transmission Abroad Declared Contrary to Law as Railway Administration was Trustee.

The dispute arose from execution proceedings against a retired railway employee, B, who had subscribed to the State Railway Provident Fund and opted f...