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Bombay High Court Partition Suit Due to Plaintiff's Admission of Prior Partition in Legal Notice. Unregistered Partition Deed Not Admissible Under Registration Act but Admission in Notice Proves Partition and Bars Fresh Suit.

The litigation arose from a suit for partition and separate possession of agricultural lands, house property, and other assets originally filed by the...

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Bombay High Court Upholds Eviction of Tenant for Using Commercial Shop for Residential Purposes Under Section 13(1)(a) of Bombay Rent Act. Change of User from Business to Residence Constitutes Acts Contrary to Section 108(o) of Transfer of Property Act, Even Without Physical Damage.

The case involves a dispute between the original plaintiff-respondent, Prabhakar Shravan Shinde, the owner of two shops in Kalyan, and the original de...

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Bombay High Court Dismisses Appeal Against Probate Granted to Executors of Will — Will Proved in Manner Required by Section 63 of Indian Succession Act, 1925 and Section 68 of Evidence Act, 1872

The appeal arose from a probate proceeding concerning the Will of Purvez Burjor Dalal, a Parsi who died on 7th December 2011. The appellant, Manek Dar...

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Bombay High Court Allows Recall of Order Dismissing Appeal Due to Advocate's No Instructions, Restores Appeal. Court Condoned 828-Day Delay as Applicant Was Misled by Advocate's Assurances.

The case involves a Notice of Motion filed by H.P. Mehta (the applicant) seeking condonation of a delay of 828 days in filing the motion and recall of...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Declaration of Ownership and Injunction — No Substantial Question of Law Arises Under Article 227 of the Constitution of India.

The petitioners, Balasaheb Lalasaheb Jadhav and others, filed a writ petition under Article 227 of the Constitution of India before the Bombay High Co...

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Bombay High Court Allows Amendment of Plaint After 30 Years in Property Suit — No Prejudice as Trial Not Commenced. Pre-Trial Amendment Permissible Under Order VI Rule 17 CPC Despite Delay, as No New Cause of Action Introduced.

The present writ petition arises out of a civil suit filed in 1993 by the original plaintiffs, Smt. Bertha Carvalho and Shri Ross Carvalho, against th...