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Bombay High Court Upholds Public Interest Petition and Directs Expeditious Disposal of Section 14 SARFAESI Applications by Magistrates. Section 14 Powers Are Ministerial and No Notice to Borrower Is Required, Emphasizing Need to Recover Public Money Quickly.

The matter originated as a Criminal Writ Petition filed by International Asset Reconstruction Company Private Limited, an asset reconstruction company...

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Bombay High Court Allows Petition Challenging Overriding Effect of Legal Metrology Act over Insecticides Act in Labeling Dispute. Insecticides Act, 1968 being a special Act prevails over Legal Metrology Act, 2009 for labeling of insecticides.

The petitioner, Dhanuka Agritech Limited, a company incorporated under the Companies Act, 1956, is engaged in manufacturing and marketing crop protect...

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Bombay High Court Allows Appeals Under Section 37 of Arbitration Act, Restoring Arbitral Award in Shareholder Dispute. Court Holds That Single Judge Exceeded Jurisdiction Under Section 34 by Reappreciating Evidence and Substituting His Own View.

The case involves two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by M/s. Goldstar Metal Solutions Pvt. Ltd. and M/s...

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Bombay High Court Quashes Sales Tax Attachment Over Bank's Secured Assets Under SARFAESI Act — Priority of Secured Creditor Upheld. Section 26E of SARFAESI Act gives priority to secured creditors over crown debts, and attachment by sales tax authorities cannot defeat the bank's security interest.

The petitioner, Union Bank of India, filed a writ petition under Article 226 of the Constitution of India seeking to quash an attachment order dated 2...

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Bombay High Court Upholds Specific Performance of Agreement for Sale in Favor of Flat Purchaser Against Developer and Subsequent Purchasers. Agreement for Sale dated 6th March 1980 declared valid and binding, subsequent agreement dated 4th April 1988 declared bogus and invalid.

The case involves a dispute over the specific performance of an agreement for sale of a flat. The flat purchaser, Dr. Arun Subrao Prabhu, entered into...

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High Court of Karnataka Dismisses State's Revision Petitions in Asian Paints VAT Case — Input Tax Credit on Capital Goods Allowed Despite Non-Use in Manufacturing. Section 11(4) of KVAT Act, 2003 does not restrict ITC on capital goods used for generation of electricity for own consumption.

The State of Karnataka filed multiple revision petitions under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act) read with Section 9...

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High Court of Karnataka Considers Validity of RERA Order on Complaint Maintainability and Project Exemption. The Court Examines Whether a Project with Occupancy Certificate is Exempt from Registration Under Rule 4 of Karnataka Real Estate Rules.

The petitioner, a real estate promoter, challenged an order of the Karnataka Real Estate Regulatory Authority which rejected its application seeking d...