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Supreme Court Dismisses Union of India's Appeal Against Refusal to Condon 12-Year Delay in Restoration Application. Limitation Rules Apply Equally to Government; No Sufficient Cause Shown for Inordinate Delay.

The dispute originated from a lease deed executed in 1951 for a bungalow in Pune Cantonment. The respondent (landlord) filed a civil suit in 1981 for ...

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Supreme Court Examines Validity of Registered Will in Hindu Succession Partition Appeal. Central Issue Is Whether Will Dated 15.12.1976 Is Proved Valid, Determining Devolution Under Section 15(2)(b) of Hindu Succession Act, 1956.

This civil appeal arose from a family succession and partition dispute concerning the properties of one Vaiyapuri Gounder, who had three wives. The fi...

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Bombay High Court Grants Probate of Will After Rejecting Allegations of Unsound Mind, Undue Influence, and Unnatural Disposition. Execution Proved by Attesting Witnesses Despite Minor Inconsistencies; Burden of Proving Invalidity Not Discharged by Caveator Under Indian Succession Act, 1925.

The case involved a testamentary suit filed by the executors of the will of Rajendra Singh Kushwaha, who died in Mumbai on 18th December 2009. The pla...

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Bombay High Court Dismisses Appeal Against Injunction in Property Dispute Over Alleged Illegal Construction. Court upholds trial court's order restraining construction pending determination of title and compliance with municipal regulations.

The case involves an appeal against an ad-interim injunction granted by the trial court restraining the appellants from carrying out construction on a...

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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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Bombay High Court Allows Writ Petition Challenging SAFEMA Forfeiture Orders — Bank's Mortgage Rights Protected as Prior Encumbrance. The Court held that forfeiture under Section 7 of SAFEMA does not extinguish a prior bona fide mortgage created before the issuance of the show cause notice.

The Petitioner, Development Credit Bank Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 12th Mar...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Joint Family Property Suit — Plaint Discloses Cause of Action for Partition and Separate Possession.

The applicant, Laxminarayan Parmeshwarlal Jaiswal, original defendant No.1, filed a Civil Revision Application under Section 115 CPC challenging the o...

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Bombay High Court Dismisses Appeal Against Dismissal of Restoration Application in Suit Dismissed for Default. Delay of Nearly Four Years in Seeking Restoration Not Sufficiently Explained, No Ground to Interfere with Discretion of Trial Court.

The original plaintiffs (appellants) filed a suit in 1989. The suit was dismissed for want of prosecution on 16th April 1993. Nearly four years later,...

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High Court Quashes FIR Against Bank Officials and BGR Energy Executives in Bank Guarantee Dispute -- No Criminal Intent Found in Commercial Transaction Under IPC Sections 420, 403, 406, 418, 425, 427 read with 34

The High Court quashed an FIR registered against bank officials and company executives alleging criminal offences in connection with bank guarantee tr...