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Bombay High Court Grants Probate of Will in Testamentary Suit — Execution and Attestation Proved Despite Suspicious Circumstances. Handwriting Expert and Attesting Witness Evidence Accepted to Establish Validity of Will Under Section 63 of Indian Succession Act, 1925....

The suit was filed by Vibhushit Trivedi, the sole surviving executor, seeking probate of the last Will and testament of Chhotalal Karunashankar Trivedi, who died on 18th October 1982. Chhotalal was a ...

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Bombay High Court Dismisses Arbitration Petition for Lack of Territorial Jurisdiction — Parties Exclusively Agreed to Pune Courts Under Selling Agency Agreement Clause 8. Exclusive Jurisdiction Clause in Contract Prevents Bombay High Court from Entertaining Section 34 Petition Despite Respondent's Registered Office in Mumbai....

The petitioner, Unitech Texmech Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 7th May 2015. The respondent, ATE ...

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Bombay High Court Dismisses Appeal Against Rejection of Interim Relief in Tender Dispute — No Prima Facie Case for Injunction Against Redevelopment Tender Process. Court Held That Appellant Failed to Show Any Legal Right to Be Considered as Developer and That Balance of Convenience Was Against Granting Injunction....

The appellant, Ornate Housing Pvt. Ltd., filed a suit in the City Civil Court, Mumbai, seeking to restrain Respondent No.1, the Abhyuday Nagar Sahakari Gruhanirman Sanstha Sangh Ltd. (the Federation),...

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High Court of Judicature at Bombay Hears Cross Appeals Against Temporary Injunction Order in Suit by Co-operative Housing Society. Developer and Land Owner Challenge Order Restraining Construction and Use of FSI in Suit Alleging Breach of Development Obligations....

The dispute arose from a development project known as Dosti Flamingos in Sewri, Mumbai. M/s. Dosti Corporation, a partnership firm, acted as developer for Standard Industries Limited, the landowner, u...

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Bombay High Court Upholds Eviction of Tenant for Unauthorized Subletting and Misuse of Premises Under MHADA Act. Tenant failed to prove lawful sub-tenancy and used residential premises for commercial purposes, violating terms of allotment....

The petitioner, Dr. Ashok Trivikram Wagle, was a tenant of a residential premises owned by the Maharashtra Housing and Area Development Authority (MHADA). The Competent Authority of MHADA passed an ev...

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Bombay High Court Dismisses Pension Claim of Retired Employee Who Resigned Before Age 55 Under General Insurance Pension Scheme. Resignation Cannot Be Treated as Voluntary Retirement Under 1976 Scheme, and 1995 Pension Scheme Does Not Apply Retrospectively....

The petitioner, Sadanand Puthran, aged 73, filed a writ petition seeking pension under the General Insurance (Employees Pension) Scheme, 1995, from the date of his retirement on 1 December 1993, with ...

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High Court Upholds Conviction in Sexual Assault Case Against Minor Girls — Sentencing Affirmed. The court confirmed the appellant's conviction for multiple sexual offences against minors, emphasizing the gravity of the crimes and the need for stringent punishment under IPC Sections 376 and 354....

This case involved the sexual exploitation of six minor girls by the appellant, who posed as a healer to gain the trust of their mothers. The prosecution presented a detailed account of the appellant'...

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High Court of Karnataka Dismisses Defendant's Challenge to Trial Court's Order on Stamp Duty Deficiency in Civil Suit. Interlocutory Order Directing Plaintiffs to Pay Deficit Stamp Duty and Penalty Under Sections 34 and 35 of Karnataka Stamp Act, 1957 Not Liable to Interference Under Articles 226 and 227 of Constitution....

The petitioner, who is defendant No.1 in O.S. No.10/2009 pending before the Court of Civil Judge (Sr.Dn.) Gangavati, filed two writ petitions under Articles 226 and 227 of the Constitution of India. T...

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High Court of Karnataka Quashes Criminal Proceedings Against KPCL Officers in Unauthorised Occupation Dispute — Acts of Official Duty Not Constituting Criminal Offences. The court held that where the allegations merely relate to acts of official duty without criminal intent, continuation of proceedings would be an abuse of process of law under Section 482 CrPC....

The petitioners, L. Prabhuswamy (Chief Engineer) and Abdul Majeed (Executive Engineer), were employees of Karnataka Power Corporation Ltd. (KPCL), a state-owned power generating company. KPCL had allo...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Section 138 Negotiable Instruments Act, 1881 - Dishonour of Cheque - Presumption under Section 139 rebutted by accused showing loan was time-barred, hence not legally enforceable....

The present revision petition was filed by the accused (petitioner) challenging her conviction under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) in C.C. No.2542/2008 by the XVI Addl. ...