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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 Writ Petition Challenging Rejection of Approval Under Section 10(23C)(via) of Income Tax Act, 1961 for Charitable Hospital Trust. Creation of Capital Assets from Surplus Funds Indicates Non-Philanthropic Purpose, Court Holds.

The petitioner, M/s Yash Society, a public trust registered under the Bombay Public Trust Act, 1950 and the Societies' Registration Act, 1860, runs a ...

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Bombay High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Non-Service of Summons for Judgment on Defendants' Advocate. Service on Defendants directly without prior attempt on advocate held insufficient under Order XXXVII CPC.

The petitioners, original defendants in Summary Suit No.4914 of 2012, challenged the order dated 08.07.2013 passed by the City Civil Court, Mumbai, di...

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Bombay High Court Allows Petition in Custodial Death Case - Directs Registration of FIR Under Section 302 IPC and Compensation of Rs. 2 Lakhs. Police Custody Death Due to Third Degree Treatment Violates Article 21 Right to Life.

The petitioner, Smt. Kamalbai Garad, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court (Bench...

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Bombay High Court Allows Second Appeal in Property Dispute Over Will Validity — Sets Aside Concurrent Findings of Courts Below. Court Holds That Plaintiffs Failed to Prove Title by Succession and That Will Executed in Favour of Defendant's Predecessor Was Genuine.

The case involves a second appeal arising from a property dispute concerning three agricultural lands (Gat Nos. 57, 58 and 59) situated at village Mur...

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Bombay High Court Allows Writ Petition Challenging Eviction Decree on Ground of Lack of Jurisdiction of Small Causes Court. Suit for Possession Based on Title Cannot Be Entertained by Small Causes Court When Relationship of Landlord-Tenant Is Denied.

The petitioners were defendants in a suit filed by the respondent for recovery of possession of a house property. The respondent claimed to be the own...

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Bombay High Court Allows Prisoner's Petition Challenging Remission Cut for Overstaying Parole Due to Mother's Illness. Failure of Divisional Commissioner to Communicate Decision on Extension Application Violates Principles of Natural Justice, Rendering Punishment Invalid.

The petitioner, Vishnu Tejram Bisen, a life convict sentenced under Section 302 IPC by the Sessions Court, Gondia, was released on parole for 30 days ...

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Bombay High Court Dismisses Widow's Petition for Family Pension Due to Limitation and Lack of Option by Deceased Employee. The court held that the petitioner's claim for family pension was barred by limitation and that the deceased husband had not opted for pension under the Railway Pension Scheme.

The petitioner, Smt. Anusayabai Pawalaji Bhalerao, is the widow of a deceased railway employee who served from 2nd June 1943 until his death on 2nd Oc...