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Supreme Court Allows Appeals in Special Court Act Case — Garnishee Orders Set Aside for Lack of Proof of Liability. Loans taken from benami companies before notification under Special Court Act cannot be recovered from borrowers without evidence of outstanding debt.

The appeals arose from orders of the Special Court, Bombay, under the Special Court (Trial of Offences relating to transactions in Securities) Act, 19...

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Supreme Court Quashes Criminal Proceedings Against Private Individuals in Bank Fraud Case Following One Time Settlement. Settlement of Civil Dispute and Parity with Co-Accused Justify Quashing Under Section 482 CrPC.

The Supreme Court allowed appeals against the Madurai Bench of the Madras High Court's order dismissing petitions under Section 482 CrPC seeking quash...

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Bombay High Court Allows Writ Petition for Leave Encashment Withheld by Employer After Superannuation. Withholding of leave encashment on ground of pending departmental inquiry is impermissible as leave encashment is a vested right and not a gratuity or pension.

The petitioner, Pradip Kumar Roy, was appointed as a Junior Executive Trainee in CMPDI, Ranchi on 01/07/1981 and later transferred to the respondent-C...

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Bombay High Court Directs Magistrate to Implement SARFAESI Order for Bank Possession. Chief Metropolitan Magistrate Bound to Execute Section 14 Order for Taking Physical Possession of Secured Assets with Police Assistance.

The petitioner, Kotak Mahindra Bank Limited, a banking company as defined in Clause 5 of the Banking Regulation Act, 1949, filed a criminal writ petit...

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Bombay High Court Dismisses Petitions Challenging Property Tax Demands Due to Delay and Availability of Alternate Remedy. Court holds that appeals under Section 406 of BPMC Act filed after 8-18 years are grossly delayed and cannot be entertained.

The petitioner, NRC Limited, a company incorporated under the Companies Act, 1956, owned a large property in Kalyan. The Kalyan Dombivli Municipal Cor...

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Bombay High Court Allows Cooperative Housing Society's Challenge to Labour Court and Gratuity Proceedings. Ex-Manager's Claims Under Section 33-C(2) of Industrial Disputes Act and Payment of Gratuity Act Dismissed as Society is Neither an 'Industry' Nor an 'Establishment'.

The Petitioner, Apsara Co-operative Housing Society Ltd., is a cooperative housing society registered under the Maharashtra Co-operative Societies Act...

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Gujarat High Court Dismisses Teacher's Petition for Surplus Teacher Benefits Due to Delay and Laches. Petitioner failed to challenge DEO order for 11 years and did not comply with earlier court directions.

The petitioner, Hirabhai M Makwana, filed a writ petition under Articles 14, 21, and 226 of the Constitution of India seeking to quash an order dated ...

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Bombay High Court Allows Petition for Temporary Authorisation and NOC for Vehicles with Cancelled Fitness Certificates. Authorities Directed to Accept Tax Dues and Issue No Objection Certificate Under Section 48 of Motor Vehicles Act, 1988.

The petitioner, Geekom Logistech Pvt. Ltd., a company registered under the Companies Act, 1956, engaged in transport business, owned a fleet of vehicl...

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Bombay High Court Adjudicates Writ Petition Against MMRDA's Demand for Additional Premium on Alleged Construction Delay. Court Examines Whether Demand is Arbitrary and Violative of Article 14 Given Delays Attributed to the Authority.

The present writ petition was filed by Shree Naman Hotels Pvt. Ltd., a subsidiary of Shree Naman Developers Ltd., against the Mumbai Metropolitan Regi...