Maharashtra
Bombay HC Quashes Bank Attachment Order, Says Action Without Due Process Violates Civil Rights
Mumbai: Attaching an individual’s bank accounts without due process amounts to a breach of civil rights that can effectively bring a ‘live death’ to business, the Bombay High Court observed while quashing a provisional attachment order issued by a Joint Commissioner of State Tax and imposed costs of Rs 25,000 on the officer.
A bench of Justices Girish Kulkarni and Aarti Sathe allowed a petition filed by Nivara Infradevelopers LLP challenging the January 23 order under the MGST/CGST Act, 2017, by which its bank accounts were attached.
Terming the action an “apparent abuse of the powers” vested in tax authorities, the court said, “We are of the opinion that the impugned attachment is required to be interfered [with] as the impugned action… has seriously breached the civil rights of the petitioner without following the due procedure of law.”
According to the plea, the Joint Commissioner issued a pre-attachment communication on January 23 and, on the very same day, proceeded to attach the firm’s accounts with Punjab National Bank and Saraswat Co-operative Bank Ltd, without waiting for a reply or granting a hearing.
The petitioner argued that the action was “high-handed, arbitrary and based on extraneous considerations,” pointing out that neither the pre-intimation notice nor the attachment order disclosed any opinion regarding alleged tax evasion or even specified the relevant period.
Under the law, the officer must form an opinion based on tangible material before ordering provisional attachment. The petitioner contended that no such exercise was evident.
On January 30, the firm submitted a detailed objection and even offered alternate security, but this was not considered and the attachment continued, it said.
The court noted that the state was unable to justify the action beyond what was stated in the attachment order. It also found “absolute vagueness” in the pre-intimation notice, observing that the “mandate and requirement of law has been given a complete go by” in taking such coercive steps.
Agreeing that the action appeared high-handed, the bench said that when “drastic” powers are conferred on authorities, they come with an “onerous duty” to strictly follow legal procedure, adding, “There cannot be a conscious departure from such mandatory requirements of law.”
“It is the rule of law which is taken to ransom by such officials when they knowingly breach the law, that too with impunity,” the court said, adding that adherence to procedure would prevent much litigation.
Calling it a “gross” case of breach of legal requirements, the court said the continued attachment for over three months deprived the petitioner of rights under Article 300A of the Constitution of India and put the business to a “live death”.
The court quashed the order and directed the officer to deposit Rs 25,000 with the Maharashtra State Legal Services Authority within two months, while granting liberty to issue a fresh show-cause notice based on tangible material.
Maharashtra
Sanjay Raut predicts ‘major political upheaval’, says Centre fears protesters

Pune, Oct 10: Shiv Sena (Uddhav Balasaheb Thackeray) MP Sanjay Raut on Saturday predicted that the central government would collapse within six months, accusing it of using heavy police deployment and blockades to prevent protesters from reaching Delhi for the Cockroach Janta Party (CJP) demonstration against Chief Election Commissioner Gyanesh Kumar.
Calling the ongoing protests a “people’s rebellion,” he claimed that the Narendra Modi government was in its final days and would fall by March-April next year.
Speaking to reporters, Raut claimed that the central government is terrified of young citizens and peaceful protesters.
CJP chief Abhijit Dipke on Saturday arrived at the Delhi airport, where the police detained him.
Raut predicted a massive political upheaval in the country, claiming that the central administration is breathing its last.
“This government will not survive. Between March and April, the Modi government will take its last breath, and a national government will be established,” he claimed.
He reiterated his earlier remark that Prime Minister Narendra Modi’s birthday on September 17 would be his last as Prime Minister. “If Modi doesn’t remain, Amit Shah won’t remain either,” he added.
Targeting the leadership, Raut used a harsh phrase referencing the late actor Nana Patekar’s famous dialogue, stating that a “cockroach” can make a government powerless. He alleged that current leaders are merely “traders” rather than strong statesmen, and traders are quick to panic.
He claimed that the Centre has effectively turned Delhi into Jammu and Kashmir, with around 15,000 vehicles stranded outside the city and trains halted to prevent protesters from reaching the capital.
Accusing the Centre of using extreme suppression tactics reminiscent of the British era, Raut questioned why the government was sealing Delhi and stopping youth from protesting democratically.
“Not even during British rule were such massive blockades seen. Thousands of vehicles are stuck on all sides. By what law are you branding protesting youth as traitors and anti-nationals?” Raut asked.
He urged the Delhi Police not to follow illegal orders issued by the central government, alleging that the current regime relies on voter manipulation and state machinery misuse.
Maharashtra
Congress leader Dalwai urges Fadnavis to free Maha activists detained ahead of Delhi stir

Mumbai, Oct 10: Former Rajya Sabha MP and veteran Congress leader Husain Dalwai has written to Maharashtra Chief Minister Devendra Fadnavis, expressing strong outrage over the detention of senior social activist Firoze Mithiborawala and several other activists across Maharashtra.
Dalwai, in his letter on Friday, said that activists and student union members were traveling to New Delhi to participate in a peaceful rally scheduled for Saturday.
The protest, organised by various student organisations and the Cockroach Janata Party (CJP), aims to demand transparency in the electoral process.
Dalwai stated that the police used high-handed tactics to detain Mithiborawala directly from his residence in Mumbai and kept him in police custody to prevent him from reaching the national capital.
Additionally, several other activists and students travelling by train from Maharashtra were intercepted and detained at various railway stations.
Terming the police action as “authoritarian” and a direct violation of fundamental democratic rights, Dalwai highlighted that the Indian Constitution guarantees freedom of speech, movement, and peaceful assembly. He condemned treating peaceful activists and youth like criminals.
In his appeal, Dalwai urged the Chief Minister to immediately intervene in the matter, take note of the police crackdown, and issue directives to administration officials for the immediate and honourable release of all detained activists and students across the state.
Earlier, the Shiv Sena (Uddhav Balasaheb Thackeray) launched a scathing attack on the Centre, accusing it of driving Indian democracy to its grave.
The Thackeray camp in the party mouthpiece “Saamana” editorial commented on the intensifying political showdown surrounding Chief Election Commissioner (CEC) Gyanesh Kumar, widespread opposition protests, and an unprecedented state-sponsored crackdown on democratic dissent.
The editorial highlighted that Senior Congress leader Rahul Gandhi’s aggressive campaign against CEC Gyanesh Kumar—triggered by allegations of electoral manipulation—has sent shockwaves through the ruling Bharatiya Janata Party (BJP).
It asserted that instead of addressing accusations of systemic electoral irregularities, the ruling establishment is shielding the election chief at all costs, calling the protection of such actions a “betrayal of the nation”.
Condemning the handling of recent demonstrations, the editorial pointed out a glaring double standard by the administration. While Opposition leaders like Rahul Gandhi and Priyanka Gandhi were dragged, manhandled, and bundled into police vehicles during peaceful protests at Jantar Mantar, BJP Mahila Morcha activists staging abrasive demonstrations outside the Congress headquarters were granted absolute immunity by the home ministry, alleged the “Saamana” editorial.
The Thackeray camp claimed that the government planned to deploy around two lakh armed members of Bajrang Dal to Jantar Mantar to crush the opposition’s youth-led “cockroach” movement. It argued that relying on political gangs and “private armies” to violently suppress lawful public dissent invites absolute anarchy and civil unrest.
Maharashtra
Democracy on the edge: Shiv Sena (UBT) attacks Centre over CEC row, crackdown on dissent

Mumbai, Oct 10: The Shiv Sena (UBT) on Saturday launched a scathing attack on the Centre, accusing it of driving Indian democracy to its grave.
The Thackeray camp in the party mouthpiece Saamana editorial commented on the intensifying political showdown surrounding CEC Gyanesh Kumar and widespread opposition protests demanding his resignation.
The editorial highlighted that Senior Congress leader Rahul Gandhi’s aggressive campaign against CEC Gyanesh Kumar — triggered by allegations of electoral manipulation — has sent shockwaves through the ruling BJP.
It asserted that instead of addressing accusations of systemic electoral irregularities, the ruling establishment is shielding the election chief at all costs, calling protection of such actions a “betrayal of the nation”.
Condemning the handling of recent demonstrations, the editorial pointed out a glaring double standard by the administration. “While opposition leaders like Rahul Gandhi and Priyanka Gandhi were dragged, manhandled, and bundled into police vehicles during peaceful protests at Jantar Mantar, BJP Mahila Morcha activists staging abrasive demonstrations outside the Congress headquarters were granted absolute immunity by the Home Ministry,” alleged the editorial.
The Thackeray camp claimed the government planned to deploy around two lakh armed members of Bajrang Dal at Jantar Mantar to crush the opposition’s youth-led “cockroach” movement.
It argued that relying on political gangs and “private armies” to violently suppress lawful public dissent invites absolute anarchy and civil unrest.
Detailing ongoing administrative blocks, the editorial noted that Delhi Police denied formal permissions for protests, long-distance trains heading toward Delhi were canceled en route, and young demonstrators traveling to participate were intercepted and arrested.
Citing remarks from senior BJP veteran Murli Manohar Joshi regarding Abraham Lincoln’s democratic principles — which emphasise free elections, transparent bureaucracy, and responsible governance — the editorial lamented that none of these tenets survive under the current dispensation, where constitutional bodies face institutional capture.
The Uddhav Thackeray-led Shiv Sena said the current political climate surpasses authoritarian levels, with the ruling administration allegedly willing to break opposition resolve through physical intimidation rather than political accountability.
As opposition parties rally and tensions and friction between state machinery and protestors peak, it warned that public discontent against the erosion of democratic frameworks has reached a critical threshold.
-
Crime4 years agoClass 10 student jumps to death in Jaipur
-
Maharashtra2 years agoMumbai Local Train Update: Central Railway’s New Timetable Comes Into Effect; Check Full List Of Revised Timings & Stations
-
Maharashtra2 years agoMumbai To Go Toll-Free Tonight! Maharashtra Govt Announces Complete Toll Waiver For Light Motor Vehicles At All 5 Entry Points Of City
-
Maharashtra2 years agoFalse photo of Imtiaz Jaleel’s rally, exposing the fooling conspiracy
-
National News2 years agoMinistry of Railways rolls out Special Drive 4.0 with focus on digitisation, cleanliness, inclusiveness and grievance redressal
-
Maharashtra2 years agoMaharashtra Elections 2024: Mumbai Metro & BEST Services Extended Till Midnight On Voting Day
-
National News2 years agoJ&K: 4 Jawans Killed, 28 Injured After Bus Carrying BSF Personnel For Poll Duty Falls Into Gorge In Budgam; Terrifying Visuals Surface
-
Crime2 years agoBaba Siddique Murder: Mumbai Police Unable To Get Lawrence Bishnoi Custody Due To Home Ministry Order, Says Report
