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Bombay High Court Rules in Admiralty Jurisdiction Case: Cockette Marine Oil vs. OSV Beas Dolphin. Court Rejects Summary Judgment Amidst Insolvency Proceedings, Highlights Impact of IBC Moratorium on Maritime Claims.

The Bombay High Court, under the Admiralty jurisdiction, considered an application for summary judgment filed by Cockette Marine Oil DMCC against OSV ...

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High Court of Judicature at Bombay Adjudicates Petition Seeking Removal of Executors for Alleged Misconduct and Conflict of Interest in Administration of Estate. Court Hears Submissions on Allegations of Illegal Occupation and Misappropriation of Bequeathed Property.

Background: The dispute arose from the administration of the estate of Ramanlal Gokal, who died on 22nd March 2007 leaving a will dated 25th January 2...

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Bombay High Court Allows Habeas Corpus Petition for Return of Minor Child to Netherlands. Dutch Mother's Custody Rights Upheld; Child's Habitual Residence Determined as Netherlands.

The petitioner, a Dutch national, filed a habeas corpus petition seeking the return of her minor daughter 'N' from the respondent father and his famil...

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Bombay High Court Hears Appeals Against Interim Injunction in Enforcement of Foreign Judgment Suit; Prima Facie Case Not Established. The Single Judge's Order Granting Injunction Without Recording Findings on Essential Requirements Is Challenged Under Section 13 of the Code of Civil Procedure, 1908.

The matter arose from a suit filed by the respondents (plaintiffs) seeking enforcement of a foreign judgment dated 21 September 2010 from the District...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Summary Suit Withdrawal Case. Order 23 Rule 1 CPC Requires Express Liberty for Fresh Suit, but Withdrawal Order Did Not Bar Fresh Suit as It Was Not a Judgment.

The case involves a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) filed by the applicants (original defendan...

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Bombay High Court Dismisses Notice of Motion Seeking Interim Relief to Enforce Foreign Judgment — Foreign Judgment Not Deemed Decree Until Suit Decided; No Prima Facie Case for Interim Attachment of Properties.

The plaintiffs, Dhirajlal alias Dhirubhai Babaria and Ashwin alias Ashwinbhai Babaria, both citizens of the United States, filed a suit in the Bombay ...

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Bombay High Court Allows Appeals of Tenants Against MHADA in Slum Rehabilitation Disputes — Held That Tenants in Possession Before Cut-Off Date Are Entitled to Rehabilitation Under Section 3(1) of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

The judgment involves multiple appeals filed by tenants against the Maharashtra Housing Area Development Authority (MHADA) concerning slum rehabilitat...

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Bombay High Court Grants Anticipatory Bail to Petitioners in Corruption Case Involving Alleged Forgery of Will and Misappropriation of Property. Court Holds That Custodial Interrogation Not Required When Documents Are Already Seized and Petitioners Are Willing to Cooperate.

The petitioners, Eknath Ganpatrao Khadse (aged 72), Mandakini Eknath Khadse (aged 62), and Girish Dayaram Chaudhary (aged 50), filed a Criminal Writ P...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Commercial Dispute. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no patent illegality or perversity in the arbitrator's findings.

The petitioner, Rajuram Sawaji Purohit, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, seeking to set a...