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Bombay High Court Dismisses Appeal in Probate Case for Non-Compliance with Section 281 of Indian Succession Act, 1925. Mandatory Verification by Attesting Witness Not Provided, Leading to Dismissal of Probate Petition.

The appellant, Pralhad Ganpat Salgar, filed a Testamentary Suit No. 173 of 2017 seeking probate of a Will dated 07.04.2007 allegedly executed by the r...

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Bombay High Court Upholds Labour Court Award of Reinstatement and Back Wages to Physiotherapist in Industrial Dispute. Employer-Employee Relationship Established Despite Engagement Through a Doctor, and Physiotherapist Held to be a Workman Under Industrial Disputes Act, 1947.

The present petition challenges the Award passed by the IX Labour Court in Reference (IDA) No.444 of 2002 dated 19.01.2002. The petitioner, Bombay Hos...

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Bombay High Court Allows Winding Up Petition Against Debtor Company for Non-Payment of Decretal Debt. Decretal debt remains due and payable despite unsuccessful attempt to set aside ex-parte decree; no bona fide defence raised.

The petitioner, Gati Ltd., filed a winding up petition under Sections 433 and 434 of the Companies Act, 1956 against the respondent, Atcom Technologie...

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Bombay High Court Dismisses Appeal Against Summary Decree in Dishonoured Cheque Case — Interest at 18% p.a. under Section 80 of Negotiable Instruments Act, 1881. Cheque is an 'instrument' under Section 80, entitling payee to interest at 18% per annum from date of presentation.

The appeal arises from an order making a Summons for Judgment absolute and decreeing a suit for recovery of Rs.64,02,308/- with interest at 18% p.a. f...

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Bombay High Court Admits Winding Up Petition Against Syrma Technology Pvt. Ltd. for Non-Payment of Admitted Debt Despite Insurance Payment. Court holds that receipt of insurance proceeds does not extinguish the debt or bar winding up proceedings under the Companies Act, 1956.

The petitioner, Jiangsu Skyrun Wuxi Co. Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Syrma Tec...

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Bombay High Court Grants Probate of Will Dated 1977 Despite Limitation and Forgery Challenges. Executor Succeeds in Proving Due Execution and Testamentary Capacity of Testator Who Died in 1979.

The plaintiff, Suresh Manilal Mehta, filed a petition for probate of a Will dated 16th March 1977 allegedly executed by Rameshchandra Jamnadas Dalal (...

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Bombay High Court Dismisses Summary Suit for Recovery Based on Dishonoured Cheque Due to Material Alteration. Cheque with discrepancy between figures and words held to be materially altered under Section 87 of Negotiable Instruments Act, 1881, rendering it void against the drawer.

The plaintiff, Suneel Dattatraya Mogre, filed a Commercial Summary Suit against the defendant, Prabhakar Baburao Thorat, seeking a decree for Rs.2,25,...

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Bombay High Court Allows Appointment of Arbitrator in Leave and License Agreement Dispute Under Section 11 of Arbitration and Conciliation Act, 1996. Court Holds That Existence of Arbitration Clause and Disputes Justify Appointment, Leaving Issues of Limitation and Validity to Arbitrator.

The applicant, Bafna Motors Private Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment o...