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Madras High Court Allows EPF Recovery Over Bank's Mortgage in Priority Dispute Under Employees' Provident Funds and Miscellaneous Provisions Act, 1952. EPF Dues Have Priority Over Secured Creditors Under Section 11 of EPF Act, 1952.

The case involves three writ appeals arising from orders of a learned Single Judge in W.P.Nos.15582 of 2010 and 8686 of 2010 dated 21.06.2011. The app...

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Supreme Court Dismisses Appeal in Insolvency Case Over Creditor Status and Resolution Plan Approval. Statutory Authority's Claim as Financial or Secured Creditor Rejected Due to Lack of Diligent Action During Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016.

The dispute arose from the Corporate Insolvency Resolution Process (CIRP) of M/s. JNC Construction (P) Ltd, the Corporate Debtor. The appellant, a sta...

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Bombay High Court Dismisses Army Officers' Challenge to Policy Change on Retention of Residential Accommodation During Study Leave. Policy change held to be reasonable and not arbitrary, as it applies uniformly to all officers and is based on administrative exigencies.

The petitioners, four Army officers (Lt. Col. Jitendra Ramchandra Manerikar, Lt. Col. Amar Nath Tripathi, Col. S. S. Jaglan, and Lt. Col. Atul Kishore...

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Bombay High Court Allows Appeal in Tenancy Dispute — City Civil Court Lacks Jurisdiction Over Tenancy Questions Under Maharashtra Rent Control Act, 1999. Suit Involving Determination of Tenant Status After Death of Original Tenant Must Be Tried Exclusively by Small Cause Court.

The appellant, M/s. Sanyam Realtors Private Limited (original defendant no.1), challenged the judgment and order dated 28.8.2012 passed by the learned...

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Bombay High Court Allows Landlords' Appeal in Rent Control Eviction Suit — Subletting and Unauthorised Construction by Tenant Established. Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 applied as tenant's acts amounted to nuisance and subletting without consent.

The original plaintiffs, landlords of a premises in Thane, filed a suit for eviction against the tenant Shankar Parshuram Naik (since deceased, repres...