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Bombay High Court Dismisses Suit by Unregistered Partnership Firm Under Section 69 of Indian Partnership Act, 1932. Suit for Declaration and Injunction Barred as Firm Not Registered, No Exception for Suits Relating to Partnership Property Applies.

The plaintiffs, seven individuals, filed a suit seeking a declaration that they are partners of the firm Laxmi Developers and for an injunction restra...

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Bombay High Court Dismisses Bank's Writ Petition Challenging Rejection of Boundary Correction in Execution Proceedings. Executing Court Cannot Modify Decree by Altering Property Description Beyond Decree's Terms Under Section 47 of CPC.

The Petitioner, The Ratnakar Bank Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 12/04/2012 ...

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Bombay High Court Upholds Will in Testamentary Suit, Dismisses Caveat by Heirs. Court Declares Will Dated 3rd December 1988 as Valid Last Will and Testament of Deceased Hiroo @ Hiraji Laxman Jadhav, Orders Issuance of Letter of Administration.

The case pertains to a testamentary dispute concerning the Will of deceased Hiroo @ Hiraji Laxman Jadhav. The plaintiffs, Subhash Hirji Jadhav and his...

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Bombay High Court Dismisses Probate Petition for Will Allegedly Obtained by Fraud and Undue Influence — Will Not Proved as Genuine Due to Suspicious Circumstances and Failure to Examine Attesting Witnesses.

The case pertains to a petition for Letters of Administration with the Will of Mangesh Pandurang Rege dated 1st October 1971. The original petitioner,...

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Bombay High Court Admitted Writ Petition Challenging Cooperative Appellate Court's Order in Redevelopment Dispute. Interim Relief Granted for Possession of Flats in Ready Building Despite Opposition from Some Members.

The writ petition was filed by a cooperative housing society ('Godi Kamgar Griha Sanstha Ltd.') and its developer ('Bharat Infrastructure & Engineerin...

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Bombay High Court Dismisses Writ Petition Challenging Executing Court's Refusal to Reopen Partition Decree Based on Will. Executing Court Cannot Go Behind a Final Decree to Redetermine Shares on Basis of Alleged Will Produced After Decree Became Absolute.

The Bombay High Court dismissed a Writ Petition challenging the order of the Executing Court rejecting an application for framing of issues and modifi...

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Supreme Court Allows Appeal in Partition Suit, Restores Concurrent Findings of Courts Below. High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence on Legal Necessity and Antecedent Debt.

The present appeal arises from a partition suit filed by the original plaintiff, Rengan Ambalam, seeking a 1/3rd share in joint family properties, par...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell by Minor's Guardian Without Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956.

The appellant, Kasturbai Himmat Patil, filed a suit for specific performance of contract against the original defendant Lilabai Patil, alleging that L...

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Bombay High Court Allows TDR Claim for Amenity Development Under Appendix 'W' of Thane Municipal Corporation Development Regulations. Petitioner entitled to Transferable Development Rights for developing amenity space on surrendered plot under Clause 6 of Appendix 'W'.

The petitioner, M/s. Cosmos Realtors Joint Venture, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court ...