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Bombay High Court disposes of criminal writ petition and appeal concerning illegal occupation of flats by petitioner and family. The court considers the legality of the FIR and the order of the Special MPID Court in the context of SARFAESI and MPID proceedings.

By this common judgment, the High Court disposed of Criminal Writ Petition No.2414 of 2005 and Criminal Appeal No.688 of 2006. The writ petitioner, In...

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High Court of Karnataka Dismisses Land Acquisition Challenges for Housing Scheme — Upholds Notifications Under Land Acquisition Act and Karnataka Housing Board Act. Petitioners failed to demonstrate any violation of statutory provisions or fundamental rights in acquisition for public purpose.

The judgment concerns a batch of writ petitions filed by landowners challenging the acquisition of their lands for a housing scheme by the Karnataka H...

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High Court of Karnataka at Bengaluru Dismissed Writ Petition Challenging Provisional Attachment Order Under PMLA. Court Held That Stay of Predicate Offence Does Not Automatically Vitiate PMLA Proceedings; Directed Adjudicating Authority to Expeditiously Complete Adjudication.

The petitioners challenged a provisional attachment order dated 01.08.2022 passed under Section 5(1) of the Prevention of Money Laundering Act, 2002 (...

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Supreme Court Upholds Penalty on Managing Director in FEMA Violation Case — Failure to Complete Import Formalities Constitutes Continuing Offence. Liability under Section 10(6) of FEMA, 1999 attaches to person responsible for conduct of business regardless of change in management.

The appeal arose from complaint proceedings initiated by the Enforcement Directorate under Section 16(3) of the Foreign Exchange Management Act, 1999 ...

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Bombay High Court Upholds Admission of Winding-Up Petition Against Telecom Company Due to Substratum Erosion and Deadlock. Cancellation of 2G Licences and Irreconcilable Differences Between Equal Shareholders Justify Winding-Up Under Section 433(f) of the Companies Act, 1956.

The appeal arose from an order of the company judge admitting a petition for winding up of Etisalat D.B. Telecom Limited (the company) under Section 4...

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High Court of Karnataka Quashes Removal of Mosque Committee Members for Violation of Natural Justice — Waqf Board Approval Required for Executive Committee Changes Under Waqf Act, 1995.

The petitioners, Abdul Sattar and Mohammad Mustafa, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Cour...

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High Court Frames Charges Against Accused for Filing Frivolous Litigations; Supreme Court Dispenses with Trial in Contempt Case. Forum Shopping and Abuse of Process Held to Amount to Criminal Contempt Under Section 2(c) of Contempt of Courts Act, 1971.

The criminal contempt petition was filed by Hasham Investment and Trading Company Private Limited, Wipro Limited, and Azim Hasham Premji (complainants...