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Bombay High Court Allows Writ Petitions Challenging PMLA Attachment — Section 32A IBC Immunity Overrides Provisional Attachment Order Under PMLA. Resolution Plan Approved for Corporate Debtor Shields Assets from Enforcement Directorate's Attachment.

The judgment concerns two writ petitions: one by individuals (Shiv Charan, Pushpalata Bai, and Bharti Agarwal) challenging a provisional attachment or...

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Bombay High Court Hears Petition to Set Aside Arbitral Award Directing Indemnity for Depreciation Disallowance. Petitioners Argue that Clause 14 of Lease Agreement Does Not Cover Income Tax Depreciation Denial and Rely on Identical Clause Interpretation in Prior Judgment.

The dispute arose from a lease agreement executed in 1997 between Borosil Glass Works Limited (lessee/petitioner) and Tata Motors Limited (lessor/resp...

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Bombay High Court Allows Writ Petition Quashing MPID Act Attachment Against Corporate Debtor's Property. Section 32A IBC Overrides MPID Act as Property Acquired Prior to Offence and Corporate Debtor Not Accused.

The petitioner, Dwarka Iron Industries Pvt. Ltd., as the Successful Resolution Applicant of the corporate debtor M/s. Abhirama Steels Limited, filed a...

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NCLAT Upholds Sale of Corporate Debtor as Going Concern in Liquidation — Confirms Immunity Under Section 32A IBC. Liquidator's Application for Confirmation of Sale and Immunity Allowed Despite Objections from Suspended Directors.

The appeal arose from a common order dated 27.09.2024 passed by the NCLT, Chennai, in IA(IBC)/415/2024, IA(IBC)/1701/2023, and IA(IBC)/1757/2023 in th...

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High Court of Karnataka Allows Parole for Convict in NDPS Case Despite Bar Under Section 32A — Distinguishes Parole from Remission. The Court held that Section 32A of NDPS Act does not bar parole as parole is a temporary release for a specific purpose and not a remission or suspension of sentence.

The petitioner, Arjun S/o Lakkappa Hurakannavar, a convict under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), was serving his ...

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Bombay High Court Disposes of Writ Petition Challenging Arbitrary Damages Under Provident Fund Act; Directs Recalculation as per Clause 32A of the Scheme. Damages at Rates Up to 100% Per Annum Found Not Related to Delay; RPFC Directed to Redetermine Quantum After Hearing Consistent with Precedent.

The petitioner, M/s. Standard Meter Mfg. Company, an establishment covered under the Employees’ Provident Funds and Miscellaneous Provisions Act, 19...

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Bombay High Court Dismisses Writ Petition by Provident Fund Commissioner Challenging Reduction of Damages Under Section 14B of EPF Act. Appellate Tribunal's Power to Reduce Damages Up to 50% Under Para 32B(c) of the Scheme Upheld for Delayed Remittance from April 1993 to November 1996.

The Regional Provident Fund Commissioner and Assistant Provident Fund Commissioner (the Corporation) filed a writ petition challenging the order dated...