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Bombay High Court Considers Appeal Against Trial Court's Refusal to Cancel a Conveyance Deed in a Trust Property Dispute. The Appeal Challenges the Declaration that the Ante-dated Deed Is Inoperative Only to the Extent It Affects Trust Rights, Rather than Cancelling It Entirely.

The dispute centered on a trust property created by a deed of settlement dated 17 March 1951, with the plaintiff Bomi Munchershaw Mistry as a benefici...

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Bombay High Court Allows Appeal in Trade Mark Infringement Case — Continuous Prior Use Not Established by Respondent. Section 34 of Trade Marks Act, 1999 requires continuous use from a date prior to registration; gap in evidence of use after 2013 defeats claim of prior user.

The appellant, Leben Life Science Private Limited, filed a suit for permanent injunction against the respondent, Jarun Pharmaceuticals Private Limited...

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Bombay High Court Dismisses Appeal Challenging Civil Court Jurisdiction in Co-operative Society Property Dispute. Jurisdiction of Civil Court upheld over Co-operative Court for disputes involving title and possession of immovable property, not management or business of society.

The appeal arose from a decision of a Learned Single Judge of the Bombay High Court dismissing three Notices of Motion taken out by the Sixth and Seve...

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Bombay High Court Dismisses Petition for Revocation of Probate in Succession Act Case — No Grounds Made Out Under Section 263 of Indian Succession Act, 1925. Court held that mere allegations of fraud or suppression without evidence are insufficient to revoke probate granted after due citation.

The petitioner, Ramprakash Jugilal Podar, brother of the deceased Tejpal Jugilal Podar, filed a petition under Section 263 of the Indian Succession Ac...

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Bombay High Court at Goa Dismisses Appeals of Occupants Challenging Eviction from Comunidade Land — Appellants Failed to Prove Title or Authorisation, Eviction Upheld Under Order 12 Rule 6 CPC and Section 38 Specific Relief Act, 1963.

The case involves five first appeals filed by Ayub Khan, Khurshida Ahmad, Salim Sandhi, Mehmood A. Ansari, and Dadapir Lohar against the State of Goa,...

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Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

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Bombay High Court Dismisses Petition Challenging Airport Authority's Demand for Vacant Possession of Premises. Lease Agreement for Flying Club Premises at Juhu Aerodrome Terminated Due to Non-Payment of Rent and Unauthorized Subletting.

The petitioners, M/s. Bombay Flying Club and its Honorary Secretary, filed a writ petition under Article 226 of the Constitution of India challenging ...