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Bombay High Court Dismisses Testamentary Suit for Letters of Administration; Will Not Validly Executed Due to Suspicious Circumstances and Undue Influence. Holograph Will Dated 20 March 1980 Not Proved Under Section 69 of Indian Evidence Act, 1872; Propounder Failed to Remove Suspicious Circumstances.

The testamentary suit originated from a petition filed by the son of the deceased seeking Letters of Administration with the Will dated 20 March 1980....

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

The case arises from a private complaint filed by the complainant (since deceased, represented by legal representatives) against the accused-petitione...

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High Court of Karnataka Allows Transfer of Sessions Case Due to Apprehension of Bias from Trial Judge's Remarks. Accused's Right to Fair Trial Under Article 21 of Constitution of India Prevails Over Mere Allegations of Bias.

The petitioners, accused No.1 to 3 in Sessions Case No.164/2019 pending before the III Additional District and Sessions Judge, Kalaburagi, filed a pet...

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High Court of Karnataka Considers Appeals Against Vacation of Temporary Injunction in Property Partition Dispute. Grandchildren Seek Share in Ancestral Properties Alleging Attempts to Alienate Suit Properties.

The matter pertains to two appeals filed against the order of the XIV Additional City Civil Judge, Bengaluru, dated 26 September 2019, in Original Sui...

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Bombay High Court Dismisses Municipal Corporation's Challenge to Caste Validity Certificates — Employer Lacks Locus Standi Under Maharashtra Caste Certificate Act, 2000. Corporation Cannot Challenge Certificates Issued to Employees as Only Person Aggrieved or State Government Can Do So.

The Pimpri Chinchwad Municipal Corporation (PCMC) filed a writ petition before the Bombay High Court challenging the caste validity certificates issue...

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Bombay High Court Allows Debenture Trustee's Claim for Payment from Suit Amount Held by Court Receiver in Priority Over Assignee of Decree. The court held that an assignee of a decree steps into the shoes of the assignor and cannot claim priority over the original decree holder who is a debenture trustee.

The dispute arose from a suit filed by ICICI Bank Ltd. (plaintiff) as debenture trustee for holders of 15% non-convertible debentures issued by Pal Pe...

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NCLAT Adjudicates Appeals Against NCLT Orders Directing Replacement of Resolution Professional. Issues Pertain to Applicability of Sections 97 and 98 of IBC to Part II CIRP and Interpretation of IBBI Bye-law 23A.

The appeals arise from insolvency proceedings of Hindusthan National Glass & Industries Limited. The Corporate Insolvency Resolution Process (CIRP) be...

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High Court of Karnataka Quashes FIR Against Contract Driver in Corruption Case — No Demand of Bribe by Non-Public Servant. Petitioner, a contract driver of BESCOM, was not a public servant under Section 7(a) of Prevention of Corruption Act, 1988, and no demand of bribe was made by him.

The petitioner, Mr. Murali Krishna R., was a contract driver employed at the BESCOM Corporate Office in Bengaluru. He was arraigned as accused No.2 in...

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Bombay High Court Dismisses University's Writ Petitions Challenging Industrial Court's Interim Relief Orders in Service Disputes. Held that Industrial Court has jurisdiction to grant interim relief under Section 30(2) of MRTU & PULP Act, 1971.

The Rashtrasant Tukadoji Maharaj Nagpur University and its Vice-Chancellor filed four writ petitions (WP Nos. 2966/2011, 2967/2011, 2968/2011, 2969/20...