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Bombay High Court Dismisses Testamentary Petition for Probate Due to Lack of Jurisdiction and Non-Prosecution. The court held that the petitioner failed to establish the deceased's domicile in Maharashtra and did not pursue the petition diligently, resulting in dismissal.

The case involves a testamentary petition filed by Arnold Samson of Sweden, claiming to be the only son and sole heir of the deceased, seeking probate...

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Bombay High Court Hears Writ Petition Challenging Disqualification of Municipal Councillors under Maharashtra Municipal Councils Act, 1965. The Minister's order was impugned on grounds of non-application of mind, lack of statutory violation, and absence of malafide intent.

The writ petition was filed by ten elected members of the Katol Municipal Council, including the President, ex-President, and councillors, challenging...

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Bombay High Court Allows Writ Petition, Sets Aside Executing Court Order Declining Injunction Due to Functus Officio. Executing Court Retains Jurisdiction Under Section 47 CPC Even After Sending Precept to Collector for Partition, Can Grant Ancillary Reliefs.

The dispute arose from a protracted partition litigation spanning nearly six decades. A decree for administration of an estate and partition was pass...

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High Court of Judicature at Bombay, Aurangabad Bench Allows Defendants' Second Appeal in Partition Suit as Alienee Proved Legal Necessity. Alienation of Ancestral Property by Disabled Manager Upheld Where Alienee Made Reasonable Enquiries and Believed in Good Faith that Necessity Existed.

Background: The dispute concerned the alienation of ancestral agricultural lands belonging to a Hindu joint family. The original plaintiffs (responden...

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Bombay High Court Allows Petition of Federation Against Labour Court Order in Unfair Labour Practice Case — Workman Status Denied Due to Supervisory Role. Respondent's designation as Centre In-charge with supervisory duties excluded him from definition of 'workman' under Industrial Disputes Act, 1947.

The case involves a writ petition filed by the Maharashtra Rajya Sahakari Kapus Utpadak Panan Mahasangh Maryadit (the Federation) challenging the orde...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of NI Act stands unless rebutted by accused; failure to rebut leads to conviction.

The appellant, Sri B.R. Anand, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acqui...

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Bombay High Court Allows Writ Petition Quashing Process Against Accused in Section 138 NI Act Case. Cheque Drawer Alone Liable Under Section 138 of Negotiable Instruments Act, 1881; Admission of Liability in Settlement Does Not Create Vicarious Liability.

The petitioners, Banwarilal L. Saini and another, were accused nos.1 and 3 in a criminal case under Section 138 of the Negotiable Instruments Act, 188...