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Bombay High Court Allows State's Petition Challenging NCLT Order De-freezing MPID Attached Accounts. MPID Act Overrides IBC for Attachment and Confiscation of Properties of Financial Establishments.

The State of Maharashtra, through the Deputy Collector and Competent Authority (NSEL), filed a writ petition under Articles 226 and 227 of the Constit...

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High Court of Karnataka Dismisses Writ Appeals by Market Committee in Land Acquisition Case — Upholds Single Judge's Order Quashing Acquisition Notification for Lack of Public Purpose and Non-Compliance with Statutory Provisions.

The case involves a batch of writ appeals filed by the Special Agricultural Produce Marketing Committee for Fruits and Vegetables (the appellant) agai...

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High Court of Karnataka Quashes Remand Order in Murder Case for Non-Communication of Arrest Grounds. Petitioner's arrest and subsequent judicial custody held illegal as grounds of arrest were not communicated in writing as required under Article 22(1) of the Constitution and Section 50 of CrPC.

The petitioner, Hemanth Datta @ Hemantha @ Baby, was arrested on 17.02.2023 in connection with Crime No. 35/2023 registered at Arasikere Town Police S...

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Bombay High Court Quashes Amalgamation Notification for Lack of Consent — Amalgamation Under Section 44 of Maharashtra Agricultural Produce Marketing Act Requires Consent of Both Market Committees. Withdrawal of Consent by One Committee Renders the Process Invalid.

The petitioners, Sopanrao Sathe (Chairman) and the Agricultural Produce Market Committee (APMC), Malkapur, challenged a notification dated 17-01-2009 ...

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Bombay High Court Quashes Recovery Proceedings Against Legal Heir for Company's Central Excise Dues Without Proper Adjudication. Personal Liability Cannot Be Imposed on Legal Representative Without Determining Liability Under Section 11 of Central Excise Act, 1944.

The petitioner, Vandana Bidyut Chaterjee, filed a writ petition under Article 226 of the Constitution of India challenging various notices and communi...

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Bombay High Court Dismisses Challenge to Arbitral Award in Broadcast Rights Dispute — Upholds Award of Rs. 4.77 Crore with Interest. Arbitrator's findings on breach of contract and quantum of damages were not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

The Petitioner, Maharashtra Film Stage and Cultural Development Corporation Ltd., a Government of Maharashtra corporation, challenged an Arbitral Awar...

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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

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Bombay High Court Dismisses Winding Up Petition Against Hubtown Ltd. Based on Bona Fide Dispute of Debt. Corporate Guarantee Enforcement Requires Prima Facie Case of Default and Absence of Substantial Dispute Under Section 433(e) of Companies Act, 1956.

The petitioner, IDBI Trusteeship Services Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Hubtown...