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Supreme Court Allows Appeal of State of Assam Against High Court's Quo Warranto Declaring District Judge Appointment Void. Governor's Promotion of Judicial Officer to Additional District Judge Under Article 233 Upheld as Valid, High Court's Interpretation Rejected.

The Supreme Court of India allowed an appeal by the State of Assam against a judgment of the Assam and Nagaland High Court that had issued a writ of q...

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Bombay High Court Allows Bank of Baroda's Petition to Quash Sales Tax Attachment Over Secured Assets, Holding SARFAESI Act Priority Over State Dues. Secured Creditor's Claim Under Section 26E of SARFAESI Act Overrides Crown Debt Under MVAT Act, Attachment Without Notice Invalid.

The Bank of Baroda, a secured creditor under the SARFAESI Act, had sanctioned credit facilities to M/s. Gajanan India Chemco between September 2009 an...

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Bombay High Court Allows Transfer of Section 34 Applications Under Arbitration Act from District Court to High Court for Consolidated Hearing. Transfer Ordered Under Section 24 CPC to Avoid Multiplicity of Proceedings and Conflicting Decisions in Arbitration Matters.

The applicant, Atlanta Limited, a public limited company, filed this application under Section 24 of the Code of Civil Procedure, 1908 seeking transfe...

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Bombay High Court Allows Bank's Petition Against GST Attachment of Secured Assets Under SARFAESI Act. Priority of Secured Creditor Over Crown Debts Upheld Under Section 26E of SARFAESI Act and Section 31B of RDDB Act.

The petitioner, Indian Overseas Bank, a secured creditor, had extended credit facilities to Respondent No. 3, Savair Energy Limited. Upon default, the...

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Bombay High Court Upholds Termination of Probationary District Judge for Unsatisfactory Performance. Termination under Rule 13(4)(ii)(b) of Maharashtra Judicial Service Rules, 2008 is valid and not stigmatic.

The petitioner, Smt. Smita Rajendra Kadu, was appointed as a District Judge (direct recruitment) under the Maharashtra Judicial Service Rules, 2008. S...

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Bombay High Court Quashes Discharge of District Judge in NSEL Scam Case — Rule 13(4)(ii)(b) of MJS Rules Violates Articles 14 and 311(2) as It Imposes Penalty Without Inquiry. The court held that discharge of a probationer without inquiry is punitive and unconstitutional.

The petitioner, Ajay Ramesh Dinode, was appointed as a District Judge by nomination in August 2014 and posted as Additional District and Sessions Judg...