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Bombay High Court Strikes Out Defence and Orders Detention for Breach of Undertaking in Suit for Possession and Royalty. Persistent non-compliance with court orders regarding payment of royalty and execution of agency agreement leads to striking out of defence and civil imprisonment.

The plaintiff, Feroze Homi Duggan, filed a suit against Benzer Interiors Pvt. Ltd. and others seeking possession of suit premises and recovery of roya...

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Bombay High Court Dismisses Petitioner's Challenge to Execution Decree in Property Suit — Held that Execution Court Cannot Go Behind Decree and Must Execute It as It Is. Objections Regarding Fraud and Transfer of Property Must Be Raised in Suit or Appeal, Not in Execution Proceedings Under Section 47 CPC.

The petitioner, Sukumar Estates Ltd. (now Kumar Housing Corporation Limited), filed a writ petition under Article 227 of the Constitution of India cha...

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Bombay High Court Dismisses Probate Petition for Will Dated 1988 Due to Suspicious Circumstances and Failure to Prove Genuine Execution. Court holds that propounder must dispel all suspicions surrounding the will, including unnatural disposition and lack of independent evidence.

The case concerns a testamentary suit filed by Suresh Hemmady, the executor under the will of Mira R. Nadkarni, seeking probate of the will dated 15th...

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Bombay High Court Dismisses Review Petition Against Appointment of Arbitrator Under Section 11(6) of Arbitration and Conciliation Act, 1996 — Maintainability of Section 11 Application Not Barred by Pending Section 8 Application in Suit.

The review petitioner, M/s. Raman Feedmills, sought recall of an order dated 24th August 2013 passed by the designate of the Chief Justice under Secti...

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Bombay High Court Allows Writ Petition Against EPF Appellate Tribunal's Rejection of Appeal on Limitation Grounds. The court held that the Tribunal must consider the explanation for delay and condone it if sufficient cause is shown, remanding the matter for fresh adjudication.

The petitioner, Yeshwant Sahakari Kamgar Bank Ltd. (now known as Brahmadev Dada Mane Sahakari Bank Limited, Solapur), filed a writ petition challengin...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income. Claimants failed to establish deceased's income as a Chartered Accountant, leading to reassessment of compensation under Motor Vehicles Act, 1988.

The case involves a first appeal filed by New India Assurance Co. Ltd. against the judgment and award of the Motor Accident Claims Tribunal, Nanded, i...