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Bombay High Court Quashes FIR in Family Property Dispute Due to Civil Nature and Malicious Prosecution. The court held that the dispute is purely civil and the FIR was a counterblast, warranting quashing under Section 482 CrPC.

The applicant, Amol Bhaskar Sulakhe, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.291 of...

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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

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Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator in Construction Contract Dispute. Work Order Containing Arbitration Clause Constitutes Valid Arbitration Agreement Between Contractor and Property Owner.

The petitioner, M/s. Shilpi Constructions Engineers & Contractors, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, se...

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Bombay High Court Allows Petition, Sets Aside Order 9 Rule 13 CPC Restoration in Specific Performance Suit. Defendant Failed to Show Sufficient Cause for Non-Appearance Despite Knowledge of Proceedings.

The petitioner, Hemant Ganeshprasad Jaiswal, filed a suit for specific performance of an agreement for sale dated 6.2.2006 against the respondent, Mur...

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Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC.

The case involves a First Appeal registered as such but to be decided as a Second Appeal under Section 100 of the Code of Civil Procedure, 1908. The a...

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Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC.

The case involves a dispute over the interpretation of a Will and Codicil executed by one Jehangir Bomanji Boman Behram (the testator), a wealthy soli...