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Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...

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Bombay High Court Dismisses Petition Challenging Eviction Order in Slum Rehabilitation Project — Petitioner's Right to Hearing Not Violated as Adjournment Sought on Ground of Illness Not Supported by Medical Certificate.

The petitioner, Madhukar Shankar Parsekar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challengi...

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Bombay High Court Dismisses Petition Challenging Rejection of Objection to Admissibility of Documents in Evidentiary Affidavit. Court holds that objection to admissibility of documents must be raised at the time of marking of exhibits and not at the stage of filing of affidavit under Order XVIII Rule 4 CPC.

The petitioner, Mohanraj Rupchand Jain alias Chhajed, filed a writ petition challenging two orders: (1) the order dated 3rd December 2005 passed by th...

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Bombay High Court Dismisses Petitioners' Challenge to Land Acquisition for MIHAN Project — Upholds Validity of Notifications Under Land Acquisition Act, 1894. Court holds that substantial compliance with Section 4(1) and Section 6 is sufficient and challenge after award is barred by delay and laches.

The petitioners, Bhawarlal Shankarlal Sarda and Lasmikant Shankarlal Sarda, filed two writ petitions challenging the land acquisition proceedings init...

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Bombay High Court Allows Widow's Petition for Voluntary Retirement Benefits Despite Employee's Death Before Acceptance. Employer's Failure to Communicate Decision on VRS Application Within Reasonable Time Renders Deemed Acceptance.

The petitioner, Smt. Urmila Chandrakant Gaikwad, is the widow of Chandrakant Gaikwad, a permanent employee of Bank of Baroda who served from 7 October...

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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Action. Plaintiff's prior adoption and use of 'HOM' as acronym for 'House Of Mandarin' in restaurant services established, and defendant's adoption found not honest.

The plaintiff, Indian Express and Commercial Ventures and Projects Private Limited, filed a suit for trademark infringement and passing off against Fu...

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Bombay High Court Dismisses Revision Against Order Holding Suit Maintainable Despite MRTP Act Bar. Civil Court Jurisdiction Not Ousted Under Section 149 of MRTP Act Where Dispute Involves Title and Possession, Not Just Planning Violations.

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated 22/3/2013 passed by ...

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Bombay High Court Dismisses Notice of Motion in Trademark Infringement Suit Due to Delay and Lack of Urgency. Plaintiffs' claim for interim injunction rejected as they failed to establish prima facie case and balance of convenience.

The plaintiffs, Lokhandwala Construction Industries Pvt. Ltd. and Lokhandwala Builders Pvt. Ltd., filed a suit for trademark infringement and passing ...

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Bombay High Court Allows Revision Against Rejection of Leave to Defend in Summary Suit. Bank Granted Conditional Leave to Defend on Deposit of Rs. 25 Lakhs for Triable Issues Regarding Liability as Mortgagee in Possession Under Order 37 CPC.

The case involves a Civil Revision Application filed by ICICI Bank Limited (the applicant/original defendant No.1) against the order dated 30th June 2...