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Bombay High Court Allows Appeal of Food Corporation of India Against Railway Claims Tribunal Order Dismissing Claim for Non-Compliance of Section 80 CPC. Notice Under Section 80 CPC Not Required for Claims Before Railway Claims Tribunal as It Is Not a Civil Court.

The Food Corporation of India (FCI) filed a suit in the Civil Court at Jalgaon on 15.10.1981 for recovery of Rs.30,125/- due to short delivery of 241 ...

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Bombay High Court Dismisses Second Appeals in Property Partition Suit, Upholding Concurrent Findings of Courts Below. Family Property Partition Decree Confirmed as No Substantial Question of Law Arises Under Section 100 CPC.

The judgment pertains to two second appeals arising from a partition suit concerning family property. The appellant in Second Appeal No.164 of 2002, B...

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High Court of Karnataka Dismisses Appeal in Trust Property Ejectment Suit — Plaint Not Filed by Authorized Person. Suit for ejectment and mesne profits dismissed as the person filing the suit on behalf of the Trust was not duly authorized under the Trust Deed.

The appellant, Sri Shivabalayogi Maharaja Trust, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgm...

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High Court of Bombay Allows Appeal in Railway Accident Case — Fall from Overcrowded Train Due to Sudden Jerk Constitutes Untoward Incident. Mother of Deceased Bonafide Passenger Entitled to Compensation Under Section 124-A of the Railways Act, 1989.

The appellant, Smt. Ratta wd/o Subhash Meshram, filed a claim before the Railway Claims Tribunal seeking compensation for the death of her son, Ravind...

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High Court of Bombay at Goa Quashes Roznama Entry Dismissing Arbitration Suit in Absence of Signed Judgment. Failure to Comply with Sections 33 and Order XX Rules 1 and 2 CPC Renders Pronouncement Invalid, Directs Fresh Hearing on Merits.

The petitioner, M/s Karnataka Cement Pipes Factory Eng. and Contractors, filed a writ petition before the High Court of Bombay at Goa challenging a Ro...

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Bombay High Court Dismisses Probate Petition in Testamentary Suit No. 13 of 1994 — Will Not Proved Due to Suspicious Circumstances. Propounders Failed to Discharge Burden of Proving Due Execution Under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiffs, Harish Vithal Kulkarni and Shivanand Vishwanath Warty, claiming to be executors under a Will dated 11th October, 1991 of Mahadeo Sabni...

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Bombay High Court Allows Appeal by Public Trust in Ownership Dispute, Remands Suit for Decision on Merits. Prior Permission of Charity Commissioner Under Section 50 of Bombay Public Trust Act Not Required for Suit Seeking Declaration of Ownership and Injunction Against Third Party.

The appellants, Pir Daval Malik Baba Darga Trust and others, filed First Appeal No. 3180 of 2006 against the judgment and order dated 29/9/2006 passed...

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Bombay High Court Dismisses Revision Against Execution of Preliminary Decree Under Specific Relief Act — Preliminary Decree for Specific Performance Is Executable Without Separate Final Decree Proceedings

The petitioner, claiming to be Opponent No.4 in Regular Darkhast No.25/2009 pending before the Civil Judge, Junior Division, Pathardi, filed a Civil R...