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Bombay High Court Dismisses Application for Withdrawal of Suit by Legal Representatives in Property Dispute — Held That Executors of Deceased Plaintiff's Will Are Necessary Parties and Suit Cannot Be Withdrawn Without Their Consent

The case involves a Notice of Motion filed by H.H. Jyotiraditya Madhavrao Scindia and Smt. Madhavi Raje Madhavrao Scindia, who are legal representativ...

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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 Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for Railway Project. Publication in Official Gazette and Local Newspapers Held Sufficient Compliance Under Section 4(1) of Land Acquisition Act, 1894.

The petitioners, 70 individuals, filed a writ petition under Article 226 of the Constitution of India challenging the acquisition of their lands for t...

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Bombay High Court Allows Wife's Maintenance Claim Under Section 125 CrPC, Restoring Magistrate's Order of Rs. 3000 Per Month. Sessions Court's Reduction Set Aside as Unjustified Given Husband's Income and Assets.

The petitioner, Anita Dashrath Dolare, filed a writ petition challenging the order of the Additional Sessions Judge, Solapur, dated 09.04.2018, which ...

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Bombay High Court Allows Refund of Cess Paid Under Protest in Excise Matter — Unjust Enrichment Principle Not Applicable to Cess Under IDR Act. Section 11-B of Central Excise Act Held Inapplicable to Cess Collected Under Industries (Development and Regulation) Act, 1951, and Refund Directed with Interest.

The petitioners, Shree Vidhya Paper Mills and Mr. Rameshwarlal Motilal, filed a writ petition in the Bombay High Court seeking refund of Rs. 10,19,246...

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Bombay High Court Dismisses Appeal Against Rejection of Time-Barred Counterclaim in Arbitration. Limitation for Counterclaim Runs from Date of Termination of Contract, Not from Subsequent Correspondence.

The appeal arose from an order dated 1 October 2012 passed by a learned Single Judge under Section 34 of the Arbitration and Conciliation Act, 1996, d...

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Bombay High Court Upholds Eviction of Tenant for Acquiring Suitable Alternative Residence Under Section 13(1)(l) of Bombay Rent Act. Tenant's acquisition of one-room kitchen tenement in wife's name held suitable for family, reversing trial court's finding.

The case involves a landlord's suit for eviction of a tenant from a one-room tenement in Dombivli, filed in 1992 on grounds of rent default, nuisance,...

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Bombay High Court Dismisses Suit Against Carrier for Short Delivery of Goods Due to Lack of Privity of Contract and Limitation. Bill of Lading Holder Cannot Sue Carrier When Goods Were Delivered to Consignee Without Endorsement of Original Bill of Lading.

The plaintiff, M/s. J. Harkishandas & Co., a partnership firm, filed a suit against the first defendant, Lloyd Triestino, a foreign shipping company, ...

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Bombay High Court at Goa Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Circumstantial Links. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Manohar Ketkar, was convicted by the Additional Sessions Judge, Mapusa, for the murder of his wife Manisha under Section 302 IPC and se...