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Bombay High Court Dismisses Suit as Barred by Res Judicata and Limitation in Will Execution Dispute. Prior US Surrogate Court decree and delay in filing render suit not maintainable under Section 11 CPC and Limitation Act, 1963.

The suit was filed by Jaswinder Paul Batra, Brinder Batra, and Sunaina Batra (plaintiffs) against Neeru Batra, Baljit Singh, ING Vysya Bank Ltd., and ...

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Bombay High Court Quashes Process in PCPNDT Act Case Due to Invalid Complaint Filing. Complaint Filed by Unauthorized Officer Without Proper Authorization Under Section 28 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

The applicant, Dr. Sandhya Arun Kulkarni, challenged the order of issuance of process passed by the Judicial Magistrate First Class, Chandrapur on 27-...

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Bombay High Court Dismisses Plaintiff's Suit for Damages Against Bank in Negligence and Breach of Contract Claim. Plaintiff Fails to Prove Alleged Fraud and Collusion by Bank Officials in Dishonour of Bills of Exchange and Stoppage of Cash Credit Account.

The Plaintiff, Dileep Nevatia, sole proprietor of M/s. Sundeep Industries, filed a suit against the State Bank of India (successor to State Bank of In...

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Bombay High Court Allows Writ Petition Challenging MHADA's Refusal to Register Proposed Cooperative Housing Society Under Section 22 of MHADA Act, 1976 — Held That a Proposed Society Is Entitled to Seek Registration and the Authority Cannot Refuse on Grounds of Non-Completion of Construction.

The petitioners, Bhartiya Vidya Bhavan (Bavla Compound) Co-op. Housing Society (proposed) and its promoters, along with Darshan Developers, filed a wr...

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High Court of Bombay at Nagpur Allows Bank's Petition Against Registrar's Refusal to Register Original Application in Debt Recovery Case. Registrar's Role is Ministerial and Cannot Decide Tenability Under Rule 5 of Debts Recovery Tribunal (Procedure) Rules, 1993.

The petitioner, Bank of India, a nationalized bank, had granted financial assistance to a limited company, with Ms. Avantika Chauhan as a guarantor. T...

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Bombay High Court Dismisses Union of India's Challenge to Arbitral Award in Construction Contract Dispute. Court upholds arbitrator's findings on rate analysis and rejection of counterclaims under Section 34 of the Arbitration and Conciliation Act, 1996.

The Union of India, through the Executive Engineer, CPWD, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging ...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantees in Arbitration Dispute. Performance Guarantees Are Independent Contracts and Cannot Be Restrained Except in Case of Fraud or Irretrievable Injustice.

The appellant, M/s S. Satyanarayana & Co., a partnership firm, was awarded a contract by respondent no.1, M/s West Quay Multiport (Private Limited), f...

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Bombay High Court Upholds Railway Board's Catering Licensing Policy — License Fee and Gross Sales Share Not Arbitrary. The policy requiring licensees to pay a share of gross sales is a valid contractual term and does not violate Article 14 or Article 19(1)(g) of the Constitution.

The petitioners, various catering associations and individual licensees, challenged the Railway Board's policy dated 1st April 2013 and subsequent cir...

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Bombay High Court Quashes Criminal Proceedings in Food Adulteration Cases Due to Non-Compliance with Mandatory Sampling Procedures Under Food Safety and Standards Act, 2006. Failure to Follow Section 47 and Rule 2.4.2 of the Manual of Procedures Renders Prosecution Invalid.

The Bombay High Court at Aurangabad, through a common judgment, allowed three criminal writ petitions challenging the validity of criminal proceedings...