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Bombay High Court Allows Third Party Impleadment in Property Appeal — Applicants Claiming Adverse Possession Must Be Heard. Order 1 Rule 10 CPC invoked to join parties with independent title claims to ensure complete adjudication.

The present application was filed by two applicants, Khalil Haji Bholumiya Salar and Bilkis Mehboobsaheb Mujawar, seeking impleadment in First Appeal ...

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High Court of Bombay at Aurangabad Allows Correction of Clerical Error in MACT Judgment — Mistake in Identifying Driver as Owner of Vehicle. Section 166 Motor Vehicles Act, 1988 — Tribunal's refusal to correct error set aside; liability shifted to insurance company.

The petitioners, original respondent Nos. 1 and 2 in a Motor Accident Claim Petition, challenged an order of the Motor Accident Claims Tribunal dated ...

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Bombay High Court Upholds Will in Property Dispute, Dismisses Claims of Undue Influence and Lack of Testamentary Capacity. The court held that the propounder of a will must prove its execution and attestation, and once that is done, the onus shifts to those alleging undue influence or fraud.

The case involves a dispute over a property known as 'Sullachi Nhat' in Calangute, Goa, originally owned by Joao Francisco Lobo and his wife Joanita L...

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Bombay High Court Dismisses Appeal by Housing Society Against Construction Company in Suit for Declaration and Injunction — Society Lacks Locus Standi as It Was Not a Party to the Development Agreement.

The appellant, M/s. Dom Francisco Flat Owners Co-op. Housing Society Ltd., filed a first appeal against the dismissal of its suit by the trial court. ...

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Bombay High Court Quashes Invalid Caste Certificate Order for Retired Employee — Directs Release of Retiral Benefits. Employer Cannot Withhold Retiral Benefits for Non-Furnishing of Caste Validity Certificate After Superannuation.

The petitioner, Jayram Vishram Gangawane, was employed by the Food Corporation of India (FCI) as a Peon in 1976 in the open category. He was subsequen...

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Bombay High Court Quashes Scrutiny Committee Order Invalidating Scheduled Tribe Certificate for Koli Mahadeo Tribe. Petitioner's Caste Certificate Validated Based on Pre-Constitutional Documents and Affidavits of Relatives.

The petitioner, Gahinath Dagadu Buge, approached the Bombay High Court under Article 226 of the Constitution challenging an order of the Scheduled Tri...

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Bombay High Court Allows Appeals in Suit for Declaration and Injunction — Finds Plaintiff Failed to Prove Title and Possession. Concurrent findings of trial court reversed as plaintiff's claim of ancestral property and possession was not established by evidence.

The case involves two first appeals arising from a common judgment and decree dated 17-02-2016 passed by the Civil Judge, Senior Division, Kopargaon i...

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Madras High Court Dismisses Second Appeal in Adoption Deed Dispute — Upholds Concurrent Findings of Valid Adoption. Adoption Deed Executed by Natural Parents Voluntarily and Registered, No Fraud or Misrepresentation Proven.

The case involves a second appeal filed by the plaintiffs, C. Subramanian and S. Meenachi, who are the natural parents of a child named Rajasekar. The...

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Bombay High Court Upholds Arbitral Award in Derivative Transaction Dispute Based on Signed ISDA Agreement. Court Finds No Ground to Interfere Under Section 34 of Arbitration Act as Arbitrator's Findings on Enforceability Are Reasonable.

The dispute arose from two foreign exchange derivative transactions entered into between Sporting India Limited (the Petitioner) and HDFC Bank Limited...