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Bombay High Court Quashes Sales Tax Attachment Over Bank's Secured Assets Under SARFAESI Act — Priority of Secured Creditor Upheld. Section 26E of SARFAESI Act gives priority to secured creditors over crown debts, and attachment by sales tax authorities cannot defeat the bank's security interest.

The petitioner, Union Bank of India, filed a writ petition under Article 226 of the Constitution of India seeking to quash an attachment order dated 2...

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Bombay High Court Allows Bank's Petition Against GST Attachment of Secured Assets Under SARFAESI Act. Priority of Secured Creditor Over Crown Debts Upheld Under Section 26E of SARFAESI Act and Section 31B of RDDB Act.

The petitioner, Indian Overseas Bank, a secured creditor, had extended credit facilities to Respondent No. 3, Savair Energy Limited. Upon default, the...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Suit for Specific Performance and Injunction — Prima Facie Case and Balance of Convenience Found in Favor of Appellants.

The appellants, who are the plaintiffs in the suit, filed an appeal against the order of the trial court rejecting their application for temporary inj...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order in Suit for Specific Performance — Petitioner Failed to Establish Prima Facie Case for Interim Injunction Under Order 39 Rules 1 and 2 CPC.

The petitioners, legal representatives of the original plaintiff Smt. Venkamma Namasivayam, filed a suit for specific performance of an agreement to s...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Testimony and Lack of Corroboration — Conviction under Sections 302, 143, 144, 147, 148, 149, 120B IPC and Bombay Police Act Set Aside

The case pertains to the murder of Hanif @ Allabakshish Allauddin Shaikh on 07/10/2008. Nine persons were accused of offences under Sections 302, 143,...

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Bombay High Court Allows Amendment of Written Statement Despite Trial Commencement — Liberal Approach Under Order 6 Rule 17 CPC. Amendment Sought to Incorporate Alternative Plea of Ownership Based on Adverse Possession Not Barred by Delay or Lack of Due Diligence.

The petitioners, who were defendants in Regular Civil Suit No. 242/2007, filed an application (Exh. 42) for amendment of their written statement. The ...

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High Court of Bombay at Goa Admits Appeal and Reserves Judgment in Family Settlement Dispute. The Court Heard Arguments on Validity of Deed of Family Settlement Under Article 2042 of Family Laws, Estoppel, and Delay, but Final Verdict Not Extracted.

The case involved an appeal from order filed by the original defendants no.2 and 3 challenging the order dated 3.6.2016 passed by the Ad-hoc Senior Ci...