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Bombay High Court Partly Allows Writ Petition Challenging Civil Judge’s Orders on Cancellation of Evidence and Examination of Unnamed Witness. Orders Set Aside as Civil Court Lacked Power to Cancel Tendered Evidence and Leave Under Order XVI Rule 1(3) CPC Was Not Properly Obtained.

A partnership firm filed a civil suit against the petitioners for delivery of possession and mesne profits. The suit was pending before the Civil Judg...

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Bombay High Court Allows Expunging of Expert Evidence Applying Foreign Law in Suit for Enforcement of Foreign Judgment. Expert Witness Cannot Apply Foreign Law to Facts; Only State the Law Under Order 18 Rule 17 CPC and Section 45 Evidence Act.

The plaintiffs filed a Notice of Motion seeking to expunge parts of the affidavit of evidence of the defendants' expert witness, Mr. Patrick Keel, who...

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Bombay High Court Allows Section 17-B Application for Six Workmen in Industrial Dispute — Employer Must Pay Full Wages Pending Writ. Workmen's Affidavits of Unemployment Sufficient; No Need to Plead Not Gainfully Employed in Original Affidavit.

The case involves a Civil Application under Section 17-B of the Industrial Disputes Act, 1947, filed by Kirloskar Pneumatic Kamgar Sangh (the Union) o...

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High Court of Karnataka Dismisses Appeal Against Money Recovery Decree, Upholds Use of Photocopy Agreement as Secondary Evidence. Where Defendant Took Original Agreement to Procure Signatures and Did Not Return It, Photocopy Held Admissible Under Section 65, Indian Evidence Act, 1872.

The appeal arose from a suit for recovery of money decreed by the trial court. The plaintiff alleged that the defendants, representing themselves as o...

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Bombay High Court Allows Writ Petition Challenging Trial Court Order on Admissibility of Evidence in Suit for Specific Performance. Court holds that objections to admissibility of evidence must be decided at the stage of final arguments, not during cross-examination.

The petitioner, Harakchand Gulabchand Dhoka, filed a suit for specific performance of an agreement of sale against the respondent, Kashinath Narsingh ...

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Bombay High Court Dismisses Application for Perjury Proceedings in Civil Suit Dispute. Alleged False Affidavit and Fabricated Documents Not Material to Main Issue, No Prima Facie Case Under Section 340 CrPC.

The present civil application was filed by CTR Manufacturing Industries Limited (the applicant) in a disposed of appeal from order arising out of Spec...

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Bombay High Court Dismisses Appeal Against Probate of Will, Upholds Trial Court's Finding of Due Execution and Attestation. Will dated 4 July 1993 held validly executed under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872.

The appeal arose from a judgment and order dated 9 June 2016 of the Bombay High Court disposing of Testamentary Suit No. 28 of 1995, which sought prob...

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Bombay High Court Dismisses Petition Challenging Gram Panchayat Election Results Due to Late Filing of Affidavit — Affidavit Filed One Day After Statement of Election Expenses Held Not Fatal Under Maharashtra Village Panchayats (Election Expenses) Order, 2015.

The petitioners, who were unsuccessful candidates in the Gram Panchayat election of Manjarsumba, challenged the election of respondent nos.1 to 6 on t...

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Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate.

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma,...