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Bombay High Court Dismisses Suit Challenging Will of Deceased as Probate Granted by Dubai Court is Conclusive Under Section 41 of Indian Evidence Act. Mother's challenge to will fails as foreign probate is binding on Indian courts regarding validity and execution of will.

The plaintiff, Dr. Devika Damji Shah, mother of the deceased Dr. Mukesh Ramji Shah, filed a suit seeking a declaration that the will of the deceased d...

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Bombay High Court Allows Appellant to Invoke Bank Guarantee in Arbitration Dispute Over Supply Contract. Court Permits Receipt of Amount Subject to Undertaking to Repay with Interest at 12% per Annum if Arbitral Tribunal Orders.

The appellant, Rashtriya Chemicals & Fertilizers Ltd., a Government of India Undertaking, placed a purchase order on 8 November 2011 with the responde...

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Bombay High Court Upholds Will in Testamentary Suit, Finds No Forgery or Undue Influence. Sister Propounds Will of Deceased Brother; Wife's Challenge Fails as Execution and Attestation Proved Under Indian Succession Act, 1925.

The judgment concerns two testamentary suits arising from the death of Mahendra Premchand Shah. The petitioner in Testamentary Suit No.127 of 2010, Ma...

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Bombay High Court Allows Writ Petition of Municipal Council for Payment of Kisan Vikas Patra Maturity Amount Despite Limitation Bar. Court Directs Release of Rs. 12 Lakhs with 6% Interest, Holding That Writ Jurisdiction Can Be Exercised When Limitation Not Raised by Respondent.

The petitioner, Mormugao Municipal Council, a municipal council established under the Goa Municipalities Act, 1968, invested a sum of Rs. 6,00,000/- i...

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Bombay High Court Allows Appeal in Bond Trustee Case — Appoints Receiver and Grants Injunction Against Alienation of Assets. Trustee entitled to protect bondholders' interests where corporate debtor defaulted on convertible bonds and attempted to transfer business to related parties.

The Bank of New York Mellon, as trustee for bondholders, filed a suit against Zenith Infotech Ltd. and others after Zenith defaulted on repayment of U...

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Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC.

The case involves a dispute over the interpretation of a Will and Codicil executed by one Jehangir Bomanji Boman Behram (the testator), a wealthy soli...

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Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC.

The case involves a First Appeal registered as such but to be decided as a Second Appeal under Section 100 of the Code of Civil Procedure, 1908. The a...

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Bombay High Court Dismisses Defendants' Notice of Motion to Set Aside Injunction in Trademark Infringement Suit. Court holds that Order XXXIX Rule 4 CPC cannot be used as a review mechanism and that the word 'NATURAL' is descriptive but may acquire distinctiveness through secondary meaning.

The plaintiffs, Siddhant Ice Creams Pvt. Ltd. and two others, filed a suit for trademark infringement, passing off, and copyright infringement against...