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Bombay High Court Quashes Recovery Warrant Against Education Officer in Execution Proceedings — State Officer Not Personally Liable for Decree Dues. Executing Court Cannot Direct Arrest or Recovery Against Government Officer Without Finding of Wilful Default Under Order 21 Rule 32 CPC.

The case arises from execution proceedings of a decree passed by the School Tribunal, Pune, in Appeal No. 104 of 1998, directing the reinstatement of ...

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Supreme Court Dismisses Revenue's Appeal in Tax Assessment Case Due to Invalid Service of Assessment Orders. Recovery Proceedings Under Revenue Recovery Act, 1864 Quashed as Assessment Orders for 2009-10 and 2010-11 Were Not Served as Per Rule 64 of Telangana VAT Rules, Making Enforcement Unlawful.

The dispute involved a tax assessment and recovery case between the revenue authorities and an assessee company. The revenue had issued assessment ord...

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Supreme Court Disposes of Contempt Petitions in Real Estate Dispute After Developer Undertakes to Pay Dues. Court Directs Joint Working of Payment Modalities for Specific Flat Buyer and Ensures Compliance with Earlier Order Dated 21 January 2022.

The Supreme Court of India heard contempt petitions filed by flat buyers against a developer regarding non-payment of dues. The petitioners were flat ...

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Supreme Court Allows Appeal Against High Court Order Directing Return of Passport in Contempt Proceedings for Breach of Undertaking. The Court restored the Single Judge's order impounding the passport of a contemnor who repeatedly breached undertakings given to the court in a property dispute.

The appellant, Shyam Sahni, filed a civil suit in 2008 seeking declaration, possession, and partition of a property in Friends Colony, New Delhi, orig...

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Bombay High Court Dismisses Petition Challenging Monitoring Committee's Order in Mukesh Mills Redevelopment Case — CRZ-II Zoning and Development Control Regulations Apply to Textile Mill Land.

The petitioners, M/s TCI Industries Ltd and its Executive Director, owned a large property in Colaba, Mumbai, known as Mukesh Mills, a former cotton t...

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Bombay High Court Dismisses Winding Up Petition Under Section 433(e) of Companies Act, 1956 for Debt Disputed in Good Faith. Petition Filed to Exert Pressure for Unreasonable Demands, Not for Recovery of Genuine Debt.

The petitioner, Fomento Resorts And Hotels Ltd., filed a winding up petition under Section 433(e) of the Companies Act, 1956 against the respondent, G...

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Bombay High Court Dismisses Writ Petition Against Electricity Bill Disconnection for Non-Payment. Held that the Electricity Ombudsman's order directing payment of arrears before reconnection was valid and within jurisdiction under Section 42(6) of the Electricity Act, 2003.

The petitioner, Mr. Awadesh S. Pandey, a proprietor of Sunshine Plastic Industries, filed a writ petition challenging an order of the Electricity Ombu...