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Supreme Court Allows Secured Creditor's Appeal in Priority Dispute Between SARFAESI Act and MSMED Act. SARFAESI Act's Express Priority Provisions Under Section 26E Prevail Over MSMED Act's Recovery Mechanism, as No Conflict Exists and Priority Must Be Expressly Provided.

The dispute arose from conflicting recovery claims under the SARFAESI Act and MSMED Act against a debtor, Mission Vivacare, which had defaulted on loa...

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Supreme Court Dismisses Appeals Against Air Force School Not Being 'State' Under Article 12. Writ Jurisdiction Under Article 226 Not Available Against Air Force School Managed by Non-Government Society Funded by Non-Public Funds.

The Supreme Court dismissed two civil appeals challenging the judgment of the Allahabad High Court which held that the Air Force School, Bamrauli, is ...

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High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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Bombay High Court Quashes Tender Conditions Requiring Work Experience and Solvency Certificate as Arbitrary and Unreasonable. Conditions held contrary to CPWD Works Manual, 2003 and violative of Article 14 of the Constitution.

The petitioner, James Electricals, a sole proprietorship concern of Mr. James Andrade, is a Class I electrical contractor enlisted with the respondent...

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Bombay High Court Allows Appeal by Decree-Holder in Execution Proceedings, Setting Aside Dismissal as Time-Barred. The court held that filing chamber summons and other applications constituted steps in aid of execution, extending limitation under Article 136 of the Limitation Act, 1963.

The case involves an appeal by Pratap G. Somaiya (the appellant/decree-holder) against an order dismissing his execution application as time-barred. T...