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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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Supreme Court Dismisses Appeal on Customary Law Succession; Property Inherited from Maternal Grandfather Held Not Ancestral. Punjab Customary Law Declares That a Hindu Male’s Inheritance from His Maternal Grandfather Is Not Ancestral Qua His Sons, and Alienation Does Not Require Legal Necessity.

The dispute concerns the nature of property inherited by a Hindu male from his maternal grandfather under the customary law prevailing in Punjab. The ...

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Bombay High Court Dismisses Petition Challenging Arbitration Award in Property Dispute. Court upholds award based on settlement agreement and finds no grounds for interference under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Suratsingh Chaudhary, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitration award...

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Bombay High Court Dismisses Appeal Against Probate Granted to Executors of Will — Will Proved in Manner Required by Section 63 of Indian Succession Act, 1925 and Section 68 of Evidence Act, 1872

The appeal arose from a probate proceeding concerning the Will of Purvez Burjor Dalal, a Parsi who died on 7th December 2011. The appellant, Manek Dar...

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Bombay High Court Allows Admission of Documents in Partition Suit — Secondary Evidence Permitted Under Section 65 of Indian Evidence Act, 1872. Documents Held Admissible as Certified Copies of Public Records or Where Plaintiff Failed to Produce Originals After Notice.

The suit was filed by Indira Rajguru against her brothers and sister for partition and declaration of rights in respect of properties. The matter came...

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Bombay High Court Grants Interim Injunction to Plaintiff in Trademark Infringement and Passing Off Case. The court restrained the defendant from using deceptively similar 'PRINCE' and crown device marks for PVC pipes, finding a strong prima facie case of infringement and passing off.

The plaintiff, Prince Pipes and Fittings Ltd., a Mumbai-based company, has been using the mark 'PRINCE' and a 'crown device' since 1987 for manufactur...