Search Results for "illegal recovery"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "illegal recovery"

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High Court

Bombay High Court Allows Writ Petition Against DIC and Sales Tax Department for Refusing Transfer of Property Purchased in SARFAESI Auction — Auction Purchaser Not Liable for Previous Owner's Sales Tax Dues. The court held that the auction purchaser under the SARFAESI Act acquires clear title free from prior encumbrances, and the DIC cannot insist on NOC from Sales Tax for transfer of property.

18 Feb 2021

The petitioner, Medineutrina Pvt. Ltd., purchased an immovable property (plot no.206, MIDC, Butibori, Nagpur) in an auction conducted by Punjab Nation...

High Court

Bombay High Court Allows Writ Petition Challenging Bank's Dispossession of Member from Co-operative Society Gala Without Proper Notice Under Maharashtra Co-operative Societies Act. Court holds that possession of a member of a co-operative society cannot be taken without following due process under Section 101 of the MCS Act and the Maharashtra Co-operative Societies Rules, 1961.

6 Jun 2006

The petitioner, Natrajan Chandran, was a member of the Royal Industrial Co-operative Society Limited and was allotted Gala number C-16. He intended to...

High Court

Bombay High Court at Goa Allows State Appeal Against Acquittal in Theft and Public Property Damage Case — Defective Investigation Cannot Be Sole Ground for Acquittal. Trial Court Must Appreciate Evidence Dehors Investigation Defects to Determine if Case is Made Out Against Accused.

8 Nov 2006

The State of Goa appealed against the acquittal of Dadasaheb Rane, a market inspector of Bicholim Municipal Council (BMC), who was charged with theft ...

High Court

High Court of Gujarat Dismisses Second Appeal by Electricity Board in Theft of Electricity Case — Civil Courts Have Jurisdiction to Entertain Defence of Non-Commission of Theft Despite Existence of Statutory Appellate Forum. The Court held that the existence of a statutory appellate forum does not oust the jurisdiction of civil courts to decide the issue of theft in a suit for recovery of bill amount under the Indian Electricity Act.

7 Jan 2026

The appellant, Gujarat Electricity Board (now Paschim Gujarat Vij Company Ltd.), filed a second appeal under Section 100 of the Code of Civil Procedur...

High Court

High Court of Bombay at Goa Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Offer Personal Search Before Gazetted Officer or Magistrate Renders Conviction Unsustainable. The court held that the prosecution must prove compliance with Section 50 of the NDPS Act, and in the absence of such proof, the recovery of contraband is illegal and the conviction cannot stand.

4 Jul 2018

The appellant, Shripad Tandel, was convicted by the trial court under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985...

High Court

Karnataka High Court Sets Aside DRAT Conditional Order in SARFAESI Appeal — Pre-Deposit of 50% of Claimed Amount Held Disproportionate. Court directs DRAT to hear appeal on merits without pre-deposit, finding that the condition of depositing Rs.9.23 crores was arbitrary and violated principles of natural justice.

5 Sep 2013

The petitioners, Ms. Bani Kaur Bedi and Mr. Aman Singh Bedi, filed writ petitions under Article 227 of the Constitution challenging an order dated 29....

High Court

Bombay High Court Dismisses State Appeal in Land Acquisition Compensation Case — Interest Calculation Upheld. The court affirmed that compensation for land acquired under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 must include interest at 6% per annum from the date of institution of the suit till recovery, as per the Land Acquisition Act, 1894.

8 Feb 2011

The State of Maharashtra, through the Collector, Chandrapur, filed a First Appeal against the judgment and decree dated 31.3.1994 passed by the learne...

High Court

Gujarat High Court Acquits Sales Tax Officer in Corruption Case Due to Unreliable Trap Witnesses and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

16 Jan 2026

The appellant, Manilal Bhikhabhai Makwana, was a Sales Tax Officer in Ahmedabad. The complainant, Himanshu Jayantibhai Patel, was a honey trader. The ...

High Court

High Court of Karnataka Acquits Accused in Corruption Case Due to Lack of Independent Witnesses and Unreliable Trap Proceedings. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988.

5 Feb 2020

The appellant, G B Jagadeesh, was convicted by the Special Judge, Davanagere, in Spl.C.(Lokayukta) No.9/2007 for offences under Sections 7, 13(1)(d) r...

High Court

Bombay High Court Allows Writ Petition Challenging Cancellation of Eligibility Certificate Under 1988 Industrial Package Scheme. The Court held that the cancellation was arbitrary and violative of principles of natural justice as no show-cause notice was issued before cancellation.

21 Aug 2023

The petitioner, M/s. Nav Maharashtra Cement Industries, a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition un...

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