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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

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Bombay High Court Allows Appeal in Trust Election Dispute — Upholds Validity of Trustees' Election Despite Procedural Irregularities. Substantial Compliance with Bye-Laws and Absence of Prejudice to Members Renders Election Valid Under Bombay Public Trust Act, 1950.

The case involves a dispute over the election of trustees of the People's Education Society, a public trust registered under the Societies Registratio...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Single Judge's Order Partially Setting Aside Arbitral Award. The Court affirmed reduction of interest rate from 18% to 12% per annum and setting aside of claim nos. (d) and (g) and interest on security deposit.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Indian Oil Corporation Ltd. (IOCL) against a judg...

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High Court of Karnataka Quashes 10% Interim Compensation Order Under Section 143A of Negotiable Instruments Act, 1881 — Petitioner Not a Drawer of Cheque. Section 143A applies only to drawer of cheque, not to accused who is not drawer.

The petitioner, V. Krishnamurthy, proprietor of Raghvenk Industries, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 19...

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High Court of Karnataka Quashes Clarification and Declares CGST Rule 31A(3) Ultra Vires in Favor of Turf Clubs. GST Liability on Betting Amount Limited to Commission Retained, Not Entire Totalisator Collection, Under CGST Act, 2017.

The two writ petitions were filed by Bangalore Turf Club Limited and Mysore Race Club Limited, companies conducting horse racing and facilitating bett...

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Bombay High Court Examines Constitutionality of National Investigation Agency Act, 2008, in Malegaon Blast Case. Petitioners Challenged Legislative Competence and Transfer of Investigation Without State Consent, Arguing Encroachment on State Police Powers.

The matter arose from two criminal writ petitions filed in the Bombay High Court challenging the constitutional validity of the National Investigation...

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Supreme Court Upholds State's Levy of Sales Tax on Cane Jaggery While Exempting Palm Jaggery Under Madras Act. Classification Upheld as Cane and Palm Jaggery Are Commercially Different and Tax Does Not Violate Article 14 or 301.

The appellants, dealers in cane jaggery in Tamil Nadu, challenged the levy of sales tax on cane jaggery while palm jaggery remained exempt, under the ...