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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 Quashes Direction for Registration of Crime Against Investigating Officer in NDPS Case for Lack of Jurisdiction. Special Judge's Order to Initiate Criminal Action Against IO for Delay in Filing Charge Sheet Set Aside as Without Authority of Law and in Violation of Natural Justice.

The applicant, Ashish Devidas Morkhade, a Police Sub-Instructor, was the investigating officer in Crime No.318/2021 registered under Sections 20(b) an...

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High Court of Karnataka Quashes FIR in Family Dispute Case — Criminal Proceedings Abuse of Process. Court holds that private complaint between family members over property disputes does not disclose criminal offences under Sections 504, 506, 416, 419, 420, 34 IPC.

The petitioners, Smt. Thara Peethambaram (mother) and Dr. Krishnarjun Peethambaram (son), filed a petition under Section 482 CrPC (read with Section 5...

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Bombay High Court Dismisses Petition Challenging No Confidence Motion Against Sarpanch Under Maharashtra Village Panchayats Act. Court Holds That Removal of Sarpanch by No Confidence Motion Does Not Require Prior Notice or Opportunity of Hearing Under Section 55(2A) of the Act.

The petitioner, Bharat Vitthal Shete, was the Sarpanch of Grampanchayat Pimpalgaon Khand. A no confidence motion was moved against him by respondent N...

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Bombay High Court Dismisses Bank's Arbitration Petitions Against Guarantors Due to Limitation and Lack of Arbitration Agreement. The court held that claims against guarantors were barred by limitation and that the arbitration clause in the loan agreement did not extend to guarantors who were not signatories.

The case involves three arbitration petitions filed by Abhyudaya Co-operative Bank Ltd. against various respondents, including Rainproof Exports Pvt. ...

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High Court of Karnataka Quashes Criminal Proceedings in Auction Dispute — No Criminal Offence Made Out in Absence of Fraud or Dishonest Intention. Sale Certificate Issued by Corporation Under Section 29 of SFC Act Confers Title; Subsequent Criminal Complaint for Cheating and Trespass Not Maintainable.

The petitioner, Sri Nagaraj Rao C.H., filed a criminal petition under Section 482 CrPC seeking quashing of the order dated 30.07.2016 passed by the I ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Due to Lack of Evidence of Truck Involvement. Claimants failed to prove that the accident was caused by the rash and negligent driving of the truck driver under the Motor Vehicles Act, 1988.

The present appeal was filed by the National Insurance Co. Ltd. against the judgment and award passed by the Motor Accident Claims Tribunal at Dhule i...