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Bombay High Court Allows Appeal in Probate Case Due to Propounder's Failure to Discharge Burden of Proof Regarding Testator's Title. The propounder of a will must establish the testator's title to the property; failure to do so results in dismissal of the probate application....

The appeal challenges the judgment and order dated 17-10-2004 passed by the Civil Judge Senior Division, Khamgaon in Probate Case No. 12 of 2010. The appellants, who are objectors to the probate of a ...

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Bombay High Court Restores Maintenance to Wife in Section 125 CrPC Case — Revisional Court Exceeded Jurisdiction by Reappreciating Evidence Without Finding Perversity. The High Court held that the revisional court cannot interfere with findings of fact unless perverse, and restored the Magistrate's order granting Rs. 1000/- per month maintenance....

The applicant, Sau. Usha Uddhav Chanphane, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging the judgment and order dated 30.12.2010 passed by the learn...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence Established by Involvement of Vehicle. Claimants Awarded Compensation Under Section 166 of Motor Vehicles Act, 1988 for Death of Deceased in Road Accident....

The appeal was filed by the claimants, who are the widow, minor son, and mother of the deceased Prakash Deorao Patil, against the judgment and order dated 29-03-2011 passed by the Motor Accident Claim...

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High Court of Bombay Upholds Railway Claims Tribunal Award in Favour of Deceased Passenger's Dependents in Untoward Incident Case. Accidental Fall from Train Due to Jerk Constitutes an Untoward Incident Under Section 123(c)(2) of the Railways Act, 1989, and the Railway Administration is Liable for Compensation....

The case involves an appeal by the Union of India, represented by the General Manager of South Central Railway, against an award of the Railway Claims Tribunal, Nagpur Bench, in Claim Application No. ...

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Bombay High Court Upholds Insurer's Liability in Workmen's Compensation Case — Accident in Course of Employment as Loader. Employer-Employee Relationship Established; Insurer's Breach of Policy Defence Rejected Under Workmen's Compensation Act, 1923....

The case involves an appeal by The Oriental Insurance Co. Ltd. against the judgment and order dated 22.02.2011 passed by the Commissioner under the Workmen's Compensation Act, Amravati, in Application...

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Bombay High Court Allows Second Appeal in Specific Performance Suit for Non-Compliance with Order 41 Rule 31 CPC. Lower Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination, Matter Remanded....

The appellant, Tanaji Krishna Shinde, original defendant No. 2, challenged the judgment and decree passed by the lower appellate court in Regular Civil Appeal No. 13 of 1987, which affirmed the trial ...

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Bombay High Court Allows Second Appeal in Licensee Eviction Case — Gratuitous Licensee Cannot Claim Tenancy Rights. Relationship of Parties and Nature of Possession Determined by Evidence of License, Not Mere Residence....

The original plaintiff, Saraswatibai Dnyanoba Paigude (since deceased, represented by her legal heir Keshav Dnyanoba Paigude), filed a civil suit for recovery of possession of a room against the defen...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Broker-Client Dispute Over Margin Shortfall and Unauthorized Sale of Shares. Court upholds concurrent findings of arbitral tribunals that broker was entitled to sell shares to cover margin deficit under Member Client Agreement and bye-laws of National Stock Exchange....

The petitioner, Ankit Bimal Deorah, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award dated 29th May, 2012 passed by the appellate arbitral ...

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Bombay High Court Dismisses Advocate's RTI Petition Seeking Disclosure of Judges' Assets and Case Allocation Details. Court Holds That Information Regarding Judges' Personal Assets and Internal Deliberations Is Exempt Under Section 8(1)(j) of RTI Act, 2005 as Personal Information Unrelated to Public Activity....

The petitioner, Mathews J. Nedumpara, a practicing advocate, filed a writ petition under Article 226 of the Constitution of India seeking to quash orders dated 8 November 2010, 28 February 2011, and 1...

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Bombay High Court Allows Writ Petition Challenging Termination of Visually Impaired Employee Under Persons with Disabilities Act, 1995. Termination Based on Pre-Act Medical Report Held Invalid as Employer Failed to Consider Alternative Employment Under Section 47 of the Act....

The petitioner, Ashok Dhondu Ahire, was appointed as a Peon on 28/04/1981 and later worked as a Messenger. By letter dated 22/09/1987, the Board of Referees from J.J. Ophthalmic Hospital, Bombay, decl...