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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 Dismisses Tenants' Challenge to MHADA Acquisition of Cessed Buildings for Redevelopment. Tenants Lack Locus Standi to Challenge Acquisition and Tender Process Under Maharashtra Housing and Area Development Act, 1976.

The petitioners, tenants of Dattatraya Buildings in Mumbai, filed writ petitions challenging the acquisition of the buildings by the Maharashtra Housi...

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Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

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High Court of Judicature at Bombay Hears Letters Patent Appeal Against Single Judge’s Order Upholding State Minister’s Decision in Evacuee Property Mutation Dispute. Minister's Order Had Set Aside Lower Authorities' Orders Restoring Evacuee Property Entries.

This Letters Patent Appeal arose from a dispute over evacuee properties in Lonavala. The original owner, Haji Habib Tar Mohammed Janu, migrated to Pak...

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Supreme Court Dismisses Appeal in Temple Dispute: Shri Ram Mandir Held to be Public Temple, Pujari Not Mahant. State's Management of Temple Properties Upheld as Deity is the True Owner.

The Supreme Court dismissed the appeal filed by Shri Ram Mandir, Indore, represented by its alleged manager Ram Das, against the State of Madhya Prade...

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Bombay High Court Quashes Conversion of Open Space to Commercial Plot by MIDC — Violation of Public Trust and Statutory Procedure. Allotment of Reserved Open Space Without Following Section 14 of MIDC Act and Without Public Auction is Illegal.

The petitioners, residents of Waluj Industrial Area, Aurangabad, and one of them being an industrial unit holder, challenged the action of the Maharas...