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WRIT PETITION NO. 10533 OF 2023

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Bombay High Court Quashes GST Attachment Order for Violation of Natural Justice — Provisional Attachment Under Section 83 of MGST Act Set Aside as No Prior Notice or Hearing Given

The petitioner, Prasanna Karunakar Shetty, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challengi...

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Supreme Court Dismisses Revenue's Appeal in Tax Assessment Case Due to Invalid Service of Assessment Orders. Recovery Proceedings Under Revenue Recovery Act, 1864 Quashed as Assessment Orders for 2009-10 and 2010-11 Were Not Served as Per Rule 64 of Telangana VAT Rules, Making Enforcement Unlawful.

The dispute involved a tax assessment and recovery case between the revenue authorities and an assessee company. The revenue had issued assessment ord...

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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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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...