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Bombay High Court Dismisses Appeal by Lenders Against Order Setting Aside Sale of Mortgaged Property Under SARFAESI Act — Held That Sale Was Not Conducted in a Fair and Transparent Manner and That the Borrower Was Not Given Adequate Notice of the Sale.

The case involves an appeal by a consortium of banks and a trustee company (the lenders) against an order of the Debt Recovery Tribunal (DRT) setting ...

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Bombay High Court Dismisses Enforcement Directorate Appeals in FERA Contravention Cases Due to Lack of Evidence and Limitation. Held that mere suspicion cannot substitute proof and that adjudication proceedings under FERA must be initiated within a reasonable time.

The case involves a batch of appeals filed by the Union of India through the Enforcement Directorate against orders of the Appellate Tribunal for Fore...

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High Court of Karnataka Considers Writ Petition for De-freezing of Bank Account in Alleged Crypto Currency Fraud Case. Petitioner Claims Innocence and Non-Compliance with Section 102 Cr.P.C.

The petitioner, a businessman engaged in oil trading, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section ...

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Bombay High Court Grants Bail to Accused in PMLA Case Due to Long Incarceration and Delayed Trial. Prolonged custody without trial violates Article 21; twin conditions under Section 45 of PMLA not an absolute bar.

The applicant, Vijay Narendra Kumar Kothari, filed a bail application under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (PMLA), i...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation of Rs.68,23,000 Upheld. Computation of Loss of Dependency Based on Deceased's Annual Income of Rs.12,00,000 with 50% Future Prospects and Deduction of 1/3rd for Personal Expenses.

The case arises from a motor accident claim petition filed by the widow and son of Shivram Nake, who died in a road accident on 06.09.1995. The deceas...

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Bombay High Court Dismisses Appeal Against Winding Up Order in Company Petition by Asset Reconstruction Company. ARCIL as assignee of debt is entitled to maintain winding up petition under Companies Act, 1956.

The appeal was filed by Horizon Flora India Limited against an order of the learned single Judge dated 16 July 2010 in Company Petition No. 189 of 200...