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Bombay High Court Allows Writ Petitions Challenging Recovery Proceedings Under Maharashtra Co-operative Societies Act, 1961 — Petitioners Not Given Opportunity of Hearing Before Attachment of Property. Failure to Provide Notice Under Section 101 of the Act Renders Recovery Proceedings Void.

The petitioners, Sonia Bhalchandra Godase and others, filed two writ petitions before the Bombay High Court challenging the recovery proceedings initi...

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Bombay High Court at Goa Dismisses Petition Challenging Execution Orders in Arbitration Award Enforcement — Upholds Attachment of Property and Rejection of Objections Under Order XXI Rule 58 CPC.

The petitioners, M/s. Trimurti Exports and its partners, were judgment debtors in an execution proceeding arising from an arbitral award. The award, d...

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High Court of Bombay at Goa Quashes Attachment Warrant in NI Act Case for Non-Compliance with Section 421 CrPC Procedure. Magistrate's order to attach flat without issuing notice or following proper procedure under Section 421 of Code of Criminal Procedure, 1973 set aside.

The petitioner, Mohammed Rafic, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque and sentenced to pay...

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Bombay High Court Dismisses Writ Petitions Challenging Cooperative Court Orders in Recovery Proceedings — Held That Recovery Officer Has Power to Attach Property Under Section 101 of Maharashtra Cooperative Societies Act, 1960.

The case involves two writ petitions filed by Karmaveer Bhaurao Patil Zilla Sah Pat Sanstha Ltd. and its Special Recovery Officer, and by Nana Appa Pa...

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Bombay High Court Allows Cooperative Bank's Writ Petition Against Sales Tax Tribunal's Refusal to Entertain Appeal Under Section 55 of Bombay Sales Tax Act, 1959 — Tribunal Directed to Decide Appeal on Merits

The petitioner, Shikshak Sahakari Bank Limited, a cooperative bank registered under the Maharashtra Cooperative Societies Act, 1960, filed a writ peti...

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Bombay High Court Quashes Executive Magistrate's Order in Section 145 CrPC Proceeding for Lack of Jurisdiction. The Court held that the Magistrate must first determine the existence of a likelihood of breach of peace before passing any order under Section 146(1) CrPC.

The petitioners, Sundar Narayan Nawale and others, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India challenging ...

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Bombay High Court Allows Chamber Summons to Lift Attachment of Third-Party Property in Execution of Arbitration Award. Mere Residential Address Not Sufficient to Attach Immovable Property Not Owned by Judgment Debtor Under Section 60 CPC.

The plaintiff, TCI Financial Limited, obtained an arbitration award in 2001 and filed Execution Application No. 299 of 2008 in 2008 to enforce the awa...

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Bombay High Court Dismisses Petition Challenging Notification Importing Customs Recovery Provisions for Excise Duty Interest. Section 12 of Central Excise Act, 1944 Validly Empowers Application of Customs Act Recovery Mechanisms for Interest on Delayed Payment of Excise Duty.

The petitioner, Krishnakant Sakharam Ghag, a partner of M/s Amit Textile Processors, filed a writ petition in the Bombay High Court challenging the va...