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Bombay High Court Dismisses Writ Petition Challenging Bank's Possession Under SARFAESI Act — Alternative Remedy Before DRT Must Be Exhausted. Writ Petition Not Maintainable as SARFAESI Act Provides Complete Mechanism for Aggrieved Persons Under Section 17.

The petitioners, Dr. Anil Nandkishor Tibrewala and his wife, owned a flat in Mumbai. They had mortgaged the flat to Jammu and Kashmir Bank Ltd. (respo...

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High Court of Judicature at Bombay, Nagpur Bench, Considers Petitions Against Infrastructure Cost Levies by Nagpur Metropolitan Regional Development Authority. The Petitions Raise Constitutional and Statutory Challenges Under Articles 14, 265 and the Maharashtra Regional Town Planning Act, 1966.

The dispute arose from demands for infrastructure cost and STP charges made by the Nagpur Metropolitan Regional Development Authority (NMRDA) against ...

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Bombay High Court Allows Writ Petitions Challenging GST Assessment Orders for Violation of Natural Justice. Orders set aside as show cause notices and assessment orders were uploaded on GST portal without proper communication to petitioners, violating principles of natural justice.

The Bombay High Court disposed of a batch of writ petitions challenging assessment orders passed under the Central Goods and Services Tax Act, 2017 (C...

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High Court Dismisses Assessee's Appeal in Income Tax Case — Commission Payment Disallowance Upheld. The court held that the Tribunal's finding that commission agents had not rendered services was based on valid material and sustainable under Section 37(1) of the Income Tax Act, 1961.

The appellant, The Indian Hume Pipe Co. Ltd., is a listed company engaged in manufacturing and sale of RCC pipes, steel pipes, etc. For the assessment...

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Bombay High Court Hears Writ Petition Against Order of Debt Recovery Appellate Tribunal in Recovery Proceedings. The Case Involves Settlement and Auction of Property of Bradbury Mills Ltd., a Company in Liquidation, with Multiple Creditors and Guarantors.

The writ petition was filed by Everest Fincap Pvt. Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRAT) dated 22 August 2008, whic...

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Supreme Court Allows Appeal in Recovery Suit — Holds That High Court Erred in Dismissing Suit on Grounds Not Raised in Pleadings and Without Considering Documentary Evidence. The Court restored the decree for recovery of Rs.96,41,765.31 with interest at 15% per annum from the date of suit till payment.

The appellant, M/s Star Paper Mills Limited, filed a suit for recovery of Rs.96,41,765.31 against the respondents, M/s Beharilal Madanlal Jaipuria Ltd...

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High Court of Karnataka Quashes Penalty Orders Against Directors for Non-Deduction of TDS on Interest Paid to Non-Resident — Failure to Comply with Section 195 of Income Tax Act, 1961

The petitioners, Sri A.S. Chinnaswamy Raju and Sri C.S. Sunder Raju, directors of M/s Sunray Computers Pvt. Ltd., challenged two orders dated 14.11.20...

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Supreme Court Allows Appellants in Specific Performance Suit by Reversing High Court Division Bench Judgment. Agreements and Memoranda of Understanding Interpreted Together as Supplementary, with Appellants Found Ready and Willing to Perform Contract Under Specific Relief Act, 1963.

The dispute arose from four suits filed by the Appellants for specific performance of agreements of sale dated 20.03.1991 and memoranda of understandi...