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Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...

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Bombay High Court Dismisses Petition for Revocation of Probate in Testamentary Matter — No Caveat Filed, No Caveatable Interest Shown. Court holds that a person who has not filed a caveat and has no caveatable interest cannot seek revocation of probate under Section 263 of the Indian Succession Act, 1925.

The case pertains to a petition for revocation of probate filed by Radhika Bhargava and others (petitioners) against Arjun Sahgal and others (responde...

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Bombay High Court Dismisses Appeal by Union of India Against Acquittal in Customs Gold Smuggling Case. Failure to Examine Material Witnesses and Prove Smuggled Origin of Gold Leads to Upholding of Acquittal Under Customs Act, 1962.

The case involves an appeal by the Union of India against the acquittal of the respondent-accused for offences under the Customs Act, 1962 and the Imp...

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Bombay High Court Dismisses PIL Challenging Hawking Activities on Footpaths in Nariman Point and Churchgate Areas. Court Holds That Hawking Is a Fundamental Right Under Article 19(1)(g) Subject to Reasonable Restrictions, and That Municipal Authorities Have Discretion to Designate Hawking Zones.

The petitioners, a group of residents and welfare associations from Nariman Point and Churchgate areas in Mumbai, filed a Public Interest Litigation (...

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Bombay High Court Holds Suit Maintainable Despite Absence of Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960 — Reliefs Against Society Are Consequential, Not Adversarial

The plaintiff, Kumar Tarachand Laungani, filed a suit against his brother, Deepak Tarachand Laungani (defendant no.1), and Shikarpuri Co-operative Hou...

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Bombay High Court Construes Will Provisions Under Indian Succession Act to Determine Nature of Bequests. The Court Examined Whether Bequests to Daughter Were Absolute or Held in Trust for Minor Granddaughter Until Majority.

This group of five appeals before the Bombay High Court concerned the construction of the last will and testament of one Pilloo M. Ghaswala. The testa...

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Bombay High Court Allows Petition, Quashes Eviction Order in Family Dispute Over Tenanted Premises. Petitioner allowed to retain possession pending suit as original plaintiffs did not press proceedings and landlord raised no objection.

The petitioner, Kalpana Koyama (also known as Kalpana R. Ghatge), filed a writ petition challenging an eviction order dated 29 August 1998 passed by t...