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Bombay High Court Allows Writ Petition Challenging SAFEMA Forfeiture Orders — Bank's Mortgage Rights Protected as Prior Encumbrance. The Court held that forfeiture under Section 7 of SAFEMA does not extinguish a prior bona fide mortgage created before the issuance of the show cause notice.

The Petitioner, Development Credit Bank Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 12th Mar...

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High Court of Bombay at Goa Admits Appeal from Order No.13 of 2018 in Suit for Injunction Over Co-Owned Property. Trial Court had Dismissed Temporary Injunction; Appellants Argued Long-Standing Possession and Business Licenses Establish Prima Facie Case.

The appeal arose from an order of the Adhoc Senior Civil Judge, Margao, dismissing the plaintiffs' application for temporary injunction in a suit for ...

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Bombay High Court Dismisses Petitions Seeking Mandatory Video Recording of Court Proceedings; Court Finds No Fundamental Right to Such Recording and Leaves Policy Decision to High Court Administration.

The Bombay High Court heard two petitions together: a writ petition by Sunil Shantisarup Gupta and a criminal application by Indur Kartar Chhugani, bo...

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Bombay High Court Considers Whether Notification 14/2010-ST is Clarificatory for Service Tax on Drilling Rigs in Continental Shelf. Appeal Admitted on Questions of Territorial Applicability of Service Tax to Offshore Drilling Services Under Finance Act, 1994.

The appellant, M/s. Greatship (India) Ltd., entered into contracts with ONGC in February and May 2009 to provide offshore drilling services using hire...

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Bombay High Court Quashes Forfeiture Proceedings Under SAFEM (FOP) Act Due to Non-Service of Show Cause Notice on Person in Possession. Failure to Serve Notice Under Section 6(1) on Petitioner Renders Forfeiture Orders Null and Void.

The petitioner, Ishwar R. Gidwani, challenged the order dated 4.8.2004 passed by the Competent Authority under the Smugglers and Foreign Exchange Mani...

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Bombay High Court Decides Reference on Difference of Opinion in Municipal Tax Assessment Case. Question of law regarding determination of annual letting value under Section 154 of Mumbai Municipal Corporation Act, 1888 for premises exempt under Maharashtra Rent Control Act, 1999.

This judgment is a reference to a third judge following a difference of opinion in an appeal against a Single Judge's decision in a writ petition conc...

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Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...