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Bombay High Court Grants Probate of Will in Favor of Executor Despite Challenge by Caveator Claiming Earlier Will. Court Upholds Validity of Later Will Executed in Hospital, Finds No Suspicious Circumstances.

The case concerns a probate petition filed by Prakash Sunderdas Aswani, the sole executor named in the last Will of Pushpa Thakurdas Aswani dated 18th...

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Bombay High Court Dismisses Builder's Appeal for Injunction Against Demolition of Unauthorized Construction. Builder who constructed seven upper floors without permission and inducted flat purchasers without occupation certificate is not entitled to equitable relief of temporary injunction.

The appellant, M/s. Leela Enterprises, a partnership firm, filed an appeal against an order of the trial court refusing to grant a temporary injunctio...

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Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement Not Proved and Time Not Essence. Plaintiff failed to establish execution of agreement for sale and readiness and willingness to perform, leading to dismissal of suit for specific performance.

The appellant, Shaikh Hidayat, filed a suit for specific performance of an agreement for sale of property admeasuring about 11920 sq. mtrs. at Borda, ...

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Bombay High Court Dismisses Management's Petition Challenging School Tribunal's Order Setting Aside Supersession of Senior Teacher for Headmistress Post. Appointment of Junior Teacher Based on Interview Without Following Seniority-Cum-Merit Under MEPS Act and Rules Held Invalid.

The petitioner, Mahila Samiti Trust, runs an educational institution. Respondent No.1, Smt. Kiran Sham Shivnani, was appointed as an Assistant Teacher...

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High Court of Bombay at Goa Allows Writ Petition of an 85-Year-Old Fruit Vendor, Condoning Delay in Filing Review Petition Due to Old Age and Illness. The Court Held That Sufficient Cause Was Shown Under Section 5 of the Limitation Act, 1963, and Directed the District Judge to Hear the Review on Merits.

The petitioner, Smt. Kashi Babuli Chari, an 85-year-old widow and fruit vendor, filed a writ petition challenging the order of the learned District Ju...

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Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Arbitration Petition Under Section 37 of Arbitration and Conciliation Act, 1996. Court Holds That Scope of Interference Under Section 37 Is Limited and Impugned Order Did Not Suffer From Patent Illegality or Perversity.

The petitioners, Wind World (India) Limited and others, filed an arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996, ...

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High Court Quashes Scrutiny Committee Order Invalidating 'Mana' Scheduled Tribe Claim Due to Perverse Findings and Non-Consideration of Relevant Documents. Matter Remanded for Fresh Consideration

The petitioner, claiming to belong to 'Mana' Scheduled Tribe, challenged the Scrutiny Committee's order invalidating his caste claim. The High Court f...