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High Court of Karnataka Allows Writ Petition in Execution Dispute — Quashes Order Dismissing Execution Petition as Not Maintainable. Withdrawal of Earlier Execution Petition Without Liberty Does Not Bar Fresh Execution Under Order XXI Rule 2 CPC.

The writ petition was filed by the judgment-debtors (petitioners) challenging an order dated 19.04.2017 passed by the LII Additional City Civil and Se...

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Bombay High Court Orders Removal of Executors for Mismanagement of Estate in Testamentary Succession Case. Executors Invested Estate Funds in Unauthorized High-Risk Deposit with Friend's Company, Breaching Fiduciary Duty.

The case concerns a petition filed by Ramesh Jairamdas Jaising, a beneficiary under the last Will and Testament of Ms. Jaiwantiben Jairam Jaising (dec...

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Bombay High Court Revokes Probate for Non-Service of Citation on Legal Heir in Testamentary Succession Case. Failure to serve citation on a cousin who is a legal heir under the Indian Succession Act, 1925 amounts to fraud on court, warranting revocation of probate.

The petitioner, Adil Phiroz Makhania, filed a Miscellaneous Petition seeking revocation of probate granted by the Bombay High Court in Testamentary Pe...

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Bombay High Court Dismisses Petition to Quash Process in NI Act Case Against Sick Company's Managing Director. Court holds that declaration of a company as sick under SICA does not absolve its directors from criminal liability under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner, Omesh Keshav Karnik, Managing Director of Phoenix Fine Chem Pvt. Ltd., a sick company, filed a Criminal Writ Petition before the Bomba...

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Bombay High Court Allows Restoration of Criminal Complaint in Cheque Dishonour Case Due to Non-Compliance with Conditional Order. Petitioner's right to prosecute respondent for offence under Section 138 of Negotiable Instruments Act, 1881 revived after respondent failed to deposit amount as directed.

The petitioner, Anil Prabhakar Naik, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondents for ...

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Bombay High Court Allows Appeal of Turf Club Against ESI Corporation — Temporary Staff on Race Days Not Covered Under ESI Act. Club Held Not a 'Shop' Under Notification; Casual Employees Not in Continuous Employment Not Entitled to ESI Coverage.

The appellant, Royal Western India Turf Club Ltd., filed an appeal against the order of the ESI Court, Mumbai, dated 17.2.2005, which dismissed their ...

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Bombay High Court Allows Appeal in Succession Act Case — Will Proved in Manner Required by Law. Court holds that a will executed by a Muslim testator is governed by the Indian Succession Act, 1925, and must be proved in accordance with Section 63(c) and Section 68 of the Evidence Act, 1872.

The case involves a first appeal against the judgment and decree of the Civil Judge, Senior Division, Aurangabad, in Special Civil Suit No. 5 of 2000,...