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Bombay High Court Dismisses Appeal Against Dismissal of Probate Petition in Succession Dispute. Court holds that probate court cannot convert contentious proceedings into suit and that petition was not maintainable under Section 213 of Indian Succession Act, 1925.

The appellant, Nitesh Shashikant Khobragade, filed a probate petition under Section 276 of the Indian Succession Act, 1925, seeking grant of probate o...

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Bombay High Court Dismisses Application to Set Aside Insolvency Notice in Debt Recovery Matter — Debt Recovery Tribunal's Decree Constitutes a Final Judgment Under Section 9(2) of Presidency-Towns Insolvency Act, 1909.

The judgment debtor, Deepak Cochhar and another, filed a notice of motion seeking to set aside Insolvency Notice No. N/72 of 2004 issued by the Insolv...

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Bombay High Court Allows Second Appeal in Partition Suit — Reverses Concurrent Findings of Courts Below. Held that the plaintiffs failed to prove joint family property and that the suit was barred by limitation and res judicata.

The case involves a second appeal arising from a suit for partition and separate possession filed by the plaintiffs (respondents) against the defendan...

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Bombay High Court Dismisses Suit for Specific Performance with Exemplary Costs for Suppression of Facts and Forum Shopping. Plaintiffs failed to disclose prior pending suit and obtained ex parte orders by misrepresentation, leading to dismissal and costs of Rs. 5 lakhs.

The plaintiffs, Anand Agarwal and Pramila Anand Agarwal, filed a Commercial Suit No. 614 of 2017 before the Bombay High Court seeking specific perform...

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Bombay High Court Dismisses Petitioner's Writ Petition Challenging Tenancy Rejection Under Bombay Tenancy and Agricultural Lands Act, 1948. Deemed Tenancy Under Section 4 Not Available When Tenancy Claim Fails on Merits and Possession is Not Lawful.

The petitioner, Sahebrao Ramchandra Hande, filed a writ petition under Articles 226 and 227 challenging the order of the Maharashtra Revenue Tribunal ...

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Karnataka High Court Allows Second Appeal in Specific Performance Suit Due to Failure to Prove Agreement of Sale. Agreement of Sale Not Proved as Attesting Witnesses Not Examined and Plaintiff Failed to Show Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Chanabasanagouda, was the defendant in a suit for specific performance filed by the respondent, Umeshgouda (since deceased, represented...

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Madras High Court Hears Second Appeal in Civil Suit for Declaration and Recovery of Possession. Substantial Questions of Law on Proof of Oral Partition, Title, and Admission of Additional Evidence Considered.

The second appeal arose from concurrent findings dismissing the plaintiff's suit for declaration, mandatory injunction, and recovery of possession. Th...

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Bombay High Court Quashes FIR in SC/ST Act Case Due to Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The petitioners, six individuals, filed a criminal writ petition under Article 226 of the Constitution of India seeking quashing of FIR No. 86 of 2017...

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Bombay High Court Allows Land Acquisition Compensation Petitions in Nanded — Directs Payment of Enhanced Compensation with Interest. Landowners entitled to compensation under Section 28 of the Land Acquisition Act, 1894 for delay in payment after possession was taken.

The judgment concerns a batch of writ petitions filed by landowners whose lands were acquired by the State of Maharashtra for the Nanded-Waghala Munic...