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Bombay High Court Dismisses Testamentary Petition for Probate Due to Lack of Jurisdiction and Non-Prosecution. The court held that the petitioner failed to establish the deceased's domicile in Maharashtra and did not pursue the petition diligently, resulting in dismissal.

The case involves a testamentary petition filed by Arnold Samson of Sweden, claiming to be the only son and sole heir of the deceased, seeking probate...

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Bombay High Court Allows Appeal in Partition Suit — Gift Deed Not Challenged, No Cause of Action for Partition. Suit for partition without seeking cancellation of registered gift deed is not maintainable under Order 7 Rule 11 CPC.

The appeal arises from a dispute between two real brothers over a house property. The respondent (original plaintiff) and appellant (original defendan...

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High Court of Karnataka Allows Excise Appeal, Upholds Transfer Fee Demand for CL-7 Licence Renewal Under Rule 17B of Karnataka Excise (General Conditions of Licences) Rules, 1967. Induction of Legal Heir of Deceased Partner Constitutes Transfer of Licence Requiring Payment of Transfer Fee.

The case involves a writ appeal filed by the Commissioner of Excise and Deputy Commissioner of Excise against an order of a learned Single Judge of th...

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Bombay High Court Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Hand Loan of Rs.30 Lakhs Held Legally Enforceable Debt, Conviction Restored.

The original complainant, Smt. Sulekhabai Chowghule (since deceased, represented by her legal heir), filed a complaint under Section 138 of the Negoti...

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High Court of Karnataka Allows Petition to Implead Legal Representatives in Suit for Partition and Injunction — Application Under Order 22 Rule 3 CPC Read With Section 151 CPC Held Maintainable Despite Dismissal of Suit for Default.

The petitioner, Smt. Savithramma (since deceased, represented by her legal representative Sri. R.M. Sudarshan), filed a writ petition under Article 22...

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Bombay High Court Hears Writ Petition Against Disqualification of Gram Panchayat Member Under Bombay Village Panchayats Act, 1958. Challenge Raises Issue of Jurisdiction to Entertain Disqualification Complaint After Elections Without Filing Election Petition Under Section 15.

The writ petition arose from proceedings under the Bombay Village Panchayats Act, 1958. The petitioner was elected from Ward No.4 of Gram Panchayat Kh...

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Bombay High Court Allows Appeal Against Remand Order in Civil Suit — Appellate Court Exceeded Powers Under Order 41 Rule 23-A CPC. Remand Without Setting Aside Trial Court's Findings on Merits Is Not Permissible Under Order 41 Rule 23-A of the Code of Civil Procedure, 1908.

The present appeal arises from an order of remand passed by the Appellate Court (District Court) in a civil suit. The appellants, who were the origina...