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Bombay High Court Dismisses Petition by Cooperative Bank Challenging Appointment of Administrator Under Maharashtra Cooperative Societies Act. Court holds that the Registrar's satisfaction regarding supersession of board is subjective and not open to judicial review unless mala fides or perversity is shown.

The petitioner, Janakalyan Sahakari Bank Limited, a cooperative bank, filed a writ petition challenging the appointment of an administrator by the Dis...

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High Court of Karnataka Allows Defendant's Appeal Against Rejection of Attachment Application in Money Suit. Defendant's Application Under Order 38 Rule 2 CPC for Attachment of Plaintiff's Property Was Wrongly Rejected by Trial Court.

The appellant/defendant filed two miscellaneous first appeals against orders passed by the XXXIII Additional City Civil & Sessions Judge, Bengaluru in...

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Bombay High Court Allows Petitions Challenging Attachment Orders Under PMLA — Enforcement Directorate's Provisional Attachment Orders Set Aside for Lack of Proper Service and Non-Compliance with Section 5(1) of PMLA

The judgment concerns six criminal writ petitions filed by various individuals and companies challenging provisional attachment orders passed by the D...

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Karnataka High Court Allows State's Revision Against Order Defreezing Bank Accounts in Lokayukta Case. Court holds that Section 457 Cr.P.C. applications for defreezing of accounts are not maintainable during pendency of trial under Prevention of Corruption Act, 1988.

The State of Karnataka, through Lokayukta Police, filed a revision petition under Section 397(1) r/w 401 Cr.P.C. challenging an order dated 10.04.2015...

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Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

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Bombay High Court Allows Third Party Claim in Execution Proceedings — Property Purchased Prior to Attachment Not Liable. Applicants' title upheld as sale deed executed before warrant of attachment under Order XXI Rule 54 CPC.

The case arises from execution proceedings initiated by Mahindra and Mahindra Financial Services Ltd. (claimant) against Vishal S. Bagadia and another...