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Bombay High Court Allows Application to Reject Caveat in Probate Petition for Lack of Caveatable Interest. Brother of Deceased Cannot Oppose Grant of Probate Based on Adverse Title Claim to Subject Property.

The petitioner, the nephew and sole executor of the deceased Dhruva Kumar Makharia, filed a petition for grant of Probate of the deceased's Will dated...

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Supreme Court Dismisses Challenge to Enforcement of Foreign Award on Grounds of Arbitrator Bias — Upholds High Court Order. Alleged Conflict of Interest of Presiding Arbitrator Not Sufficient to Refuse Enforcement Under Section 48(2)(b) of Arbitration and Conciliation Act, 1996.

The Supreme Court dismissed appeals challenging the enforcement of a foreign arbitral award. The dispute arose from a Share Subscription Agreement bet...

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Bombay High Court Allows Appeal in Income Tax Case — Reassessment Notice Invalid Beyond Four Years Without Allegation of Non-Disclosure. Arbitration Award Receipt Held as Capital Receipt, Not Income Under Section 147 of the Income Tax Act, 1961.

The appellant, Ramona Pinto, an individual, filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 2nd April 2018 pass...

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Bombay High Court Allows WCL Petition in Service Dispute — Labour Court Order Under Section 33(C)(2) Quashed for Lack of Jurisdiction. Claim for Higher Grade and Arrears from 1974 to 2014 Held Not Maintainable Without Prior Adjudication and Barred by Limitation.

The petitioners, Western Coalfields Limited (WCL), a Central Government undertaking, challenged the judgment of the Labour Court dated 5.5.2018, which...

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Bombay High Court Dismisses Petition Challenging Airport Authority's Demand for Vacant Possession of Premises. Lease Agreement for Flying Club Premises at Juhu Aerodrome Terminated Due to Non-Payment of Rent and Unauthorized Subletting.

The petitioners, M/s. Bombay Flying Club and its Honorary Secretary, filed a writ petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court Dismisses Bayer's Challenge to Compulsory License for Nexavar Under Section 84 of Patents Act, 1970. Court Holds That Patentee's Import of Drug at High Price Does Not Satisfy Reasonable Requirements of Public or Constitute Working of Invention in India.

The petitioner, Bayer Corporation, a US-based pharmaceutical company, held a patent for the drug Sorafenib Tosylate, sold under the brand name Nexavar...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 NI Act. Presumption under Section 139 NI Act that cheque was issued for legally enforceable debt not rebutted by accused's bare denial.

The appeal was filed by the original complainant, Smt. Nanda w/o Dharam Nandanwar, against the judgment and order dated 26th March 2009 passed by the ...

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Bombay High Court Allows Petition Challenging Stamp Duty Demand on Collateral Security Bond. Security-cum-Mortgage Bond executed as collateral security for loan is chargeable under Article 40(c) of Schedule I of Bombay Stamp Act, 1958, not as mortgage deed.

The petitioner, M/s. Jaika Automobiles Private Limited, a private limited company, filed a writ petition under Articles 226 and 227 of the Constitutio...