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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholding Concurrent Findings of Joint Family Property. Court holds that a coparcener cannot bequeath or gift ancestral property by will or gift deed, and that the burden of proving partition lies on the party asserting it.

The case involves a second appeal filed by the defendants (appellants) against a decree for partition passed by the trial court and confirmed by the f...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Concurrent Findings of Fact in Agricultural Tenancy Dispute. Petitioner failed to establish tenancy rights as adopted son of deceased tenant due to lack of credible evidence and introduction of new pleas at belated stage.

The petitioner, Premanand Naik, filed a writ petition under Article 227 of the Constitution of India challenging the orders of the Appellate Authority...

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Bombay High Court Dismisses Writ Petitions Seeking Direction to Provide Arbitration in Expired Toll Collection Contracts. Clause 36 of Agreement Held Not an Arbitration Agreement; Court Cannot Direct Parties to Arbitrate Under Article 226.

The Bombay High Court dismissed two writ petitions filed by M/s. MEP RGSL Toll Bridge Pvt. Ltd. and Raima Toll & Infrastructure Pvt. Ltd., both specia...

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Bombay High Court Dismisses Revision Against Rejection of Preliminary Objection on Maintainability of Suit Against Public Trust. Permission of Charity Commissioner Not Required When Suit is by a Third Party for Enforcement of Civil Rights Unconnected with Trust Administration.

The applicant, Maharashtra Shetkari Seva Mandal, a public trust, challenged an order dated 16.7.2008 passed by the Civil Judge, Junior Division, Manma...

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Bombay High Court Allows Appeal in Patent and Trademark Infringement Case — Finds No Prima Facie Case for Injunction. Court holds that patent for method and apparatus does not extend to product, and trademark registration is subject to opposition, thus no interim injunction warranted.

The appeal arises from an order dated 19.11.2009 in Notice of Motion No.3709 of 2009 in Suit No.2576 of 2009, whereby the trial court granted an inter...