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Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Proceedings Due to Availability of Alternative Remedy Under Section 17. Cooperative Bank's Recovery Action Upheld as Writ Not Maintainable When Statutory Remedy Exists.

The petitioners, Pimpri Chinchwad Sahakari Bank Maryadit and its Special Recovery Officer, filed a writ petition under Article 226 of the Constitution...

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Supreme Court Upholds Withdrawal of Inter-Commissionerate Transfers for Inspectors Under Recruitment Rules 2016. Recruitment Rules Made Under Article 309 of the Constitution Prevail Over Executive Instructions, and ICTs Are Not Permissible as They Violate Separate Cadre Identity Under Rule 5.

The dispute arose from a batch of civil appeals filed by Inspectors of the Central Excise and Land Customs or Goods and Services Tax Administration, w...

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Supreme Court Allows Appeals in Election Petition Case for Non-Disclosure of Cause of Action. Allegations of Corrupt Practice Struck Out for Vagueness and Lack of Material Facts Under Section 83 of Representation of the People Act, 1951.

The case arises from an Election Petition filed by the first respondent under Section 81 of the Representation of the People Act, 1951, challenging th...

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Bombay High Court Quashes Reassessment Order in Income Tax Case Due to Non-Application of Mind and Lack of Independent Satisfaction. Notice under Section 148 of Income Tax Act, 1961 held invalid as Assessing Officer failed to form independent belief based on tangible material.

The petitioner, Devkant Synthetics India Pvt. Ltd., a company engaged in trading of shares and securities, filed its return of income for assessment y...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Inform Right to Search Before Magistrate Leads to Acquittal. The court held that non-compliance with Section 50 of the NDPS Act, 1985, vitiates the trial and entitles the accused to acquittal.

The case involves four criminal appeals filed by individuals convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for p...

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Bombay High Court Allows Section 9 Petition for Interim Relief and Appoints Sole Arbitrator in Waste Management Contract Dispute — Petitioner Granted Protection Against Termination and Bank Guarantee Invocation Pending Arbitration.

The petitioner, PMP Infratech Pvt Ltd, an AA Class Government Registered Civil Contractor, was engaged by the respondent, Bharat Petro Resources Ltd (...

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Bombay High Court Allows Section 11(6) Application and Appoints Sole Arbitrator in Property Sale Dispute. Arbitration clauses in MOU and Agreement for Sale held prima facie valid, and dispute referred to arbitration despite respondent's objection regarding non-signing of agreement.

The applicant, Bhupinder Singh Balwant Singh, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointm...