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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Possession and Title. Court holds that findings of fact based on evidence cannot be interfered with in second appeal under Section 100 CPC unless perverse or based on no evidence.

The case involves a property dispute between the appellants (original defendants) and respondents (original plaintiffs) over agricultural land. The pl...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....

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Bombay High Court Quashes Criminal Proceedings Against Teachers for Lack of Sanction Under Section 197 CrPC. Acts Alleged to be in Discharge of Official Duty Require Prior Sanction for Prosecution of Public Servants.

The judgment involves a batch of nine criminal applications filed by applicants (complainants) against non-applicant teachers and the State of Maharas...

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Bombay High Court Dismisses Petition Challenging Execution Order in Redemption Suit — Execution Court Has Power to Decide Nullity Objection. Decree Passed by Competent Court Is Not a Nullity and Execution Can Proceed.

The petitioner, original defendant No. 2 in a suit for redemption, challenged an order dated 17 August 2018 passed by the Civil Judge Junior Division,...

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Bombay High Court Dismisses Bank's Challenge to Payment of Wages Award Against Hypothecated Assets. Bank Not an Employer Under Payment of Wages Act, 1936 but Liable as Successor to Employer's Assets Under Section 15(2) for Wages Due.

The petitioner, Chief Executive Officer of Sangli Urban Co-op Bank Ltd., challenged a decree of execution for Rs.37,51,800/- passed by the Authority u...