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Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

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Bombay High Court Allows State's Petition Challenging NCLT Order De-freezing MPID Attached Accounts. MPID Act Overrides IBC for Attachment and Confiscation of Properties of Financial Establishments.

The State of Maharashtra, through the Deputy Collector and Competent Authority (NSEL), filed a writ petition under Articles 226 and 227 of the Constit...

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Bombay High Court Quashes Attachment and Sale of Residential Bungalow in Income Tax Recovery Proceedings. Order Beyond Limitation Period Under Rule 68B(3) of Second Schedule and Non-Compliance with Proclamation Requirements Render Sale Invalid.

The case involved a writ petition under Article 226 of the Constitution of India challenging the attachment and proposed sale of a residential bungalo...

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Bombay High Court Quashes Provisional Attachment Order and Show Cause Notice Under PMLA for Lack of Reasons. Show Cause Notice Under Section 8(1) of Prevention of Money Laundering Act, 2002 Must Contain Reasons for Belief of Offence Under Section 3 or Possession of Proceeds of Crime.

The petitioner, Brizo Reality Company Pvt. Ltd., filed a writ petition before the Bombay High Court seeking to quash a provisional attachment order da...

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Bombay High Court Quashes Attachment Warrant in Maintenance Case for Lack of Notice Under Section 125 CrPC. Failure to Serve Notice Before Issuing Warrant Violates Principles of Natural Justice.

The petitioner, Dharam Shevaram Rajpal, challenged an order dated 31st December 2004 passed by the Judicial Magistrate, First Class at Uran, issuing a...

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Supreme Court Upholds Immunity of Provident Fund Amounts from Attachment Under Section 3(1) of Provident Funds Act, 1925. Attachment of Money Held by Reserve Bank for Transmission Abroad Declared Contrary to Law as Railway Administration was Trustee.

The dispute arose from execution proceedings against a retired railway employee, B, who had subscribed to the State Railway Provident Fund and opted f...