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Bombay High Court Grants Probate of Will in Favor of Executor Despite Challenge by Caveator Claiming Earlier Will. Court Upholds Validity of Later Will Executed in Hospital, Finds No Suspicious Circumstances.

The case concerns a probate petition filed by Prakash Sunderdas Aswani, the sole executor named in the last Will of Pushpa Thakurdas Aswani dated 18th...

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Bombay High Court Grants Interim Injunction Restraining Release of Marathi Film 'Mukkam Post' in Copyright Infringement Suit. Court finds prima facie case of substantial similarity between plaintiff's script and defendants' film, and balance of convenience in favour of plaintiff.

The plaintiff, Everest Entertainment LLP, filed a suit for copyright infringement against the defendants, including Mahesh Vaman Manjrekar, Great Mara...

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Bombay High Court Allows Appeal in Railway Accident Claim — Dependency and Notional Income Determined Under Section 124A of Railways Act, 1989. The court set aside the Tribunal's dismissal and awarded Rs. 3,60,000 compensation to the family of the deceased labourer who died in a train accident.

The case involves a first appeal filed by the appellants, who are the widow, children, and parents of the deceased Manoj Pawar, against the dismissal ...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's failure to prove income and contributory negligence of both drivers led to reduction of award from Rs. 3,00,000 to Rs. 1,50,000.

The case involves an appeal by The Oriental Insurance Company Ltd. against the judgment and award dated 31.10.2017 passed by the Motor Accident Claims...

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Bombay High Court Dismisses Union of India's Appeal Against Arbitral Award in Railway Construction Contract Dispute. Court Upholds Arbitrator's Award of Compensation for Underutilization of Resources Due to Railway's Delays.

The Union of India, representing the South-East-Central Railway, appealed against an order of the District Judge, Nagpur, refusing to set aside an arb...

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Bombay High Court Dismisses Government Appeal in BOT Bridge Dispute. Court upholds arbitral award granting escalation costs and interest to contractor for owner's delay in providing right of way and toll collection issues.

The Government of Maharashtra, through the Executive Engineer, Alibag Public Works Division, filed an appeal under Section 37 of the Arbitration and C...

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Bombay High Court Allows Writ Petition Challenging Seizure of Gum by Forest Officials — Transit Passes Valid and Seizure Without Authority Under Forest Act. Petitioner had valid contract and transit passes for gum collection; seizure at destination without proper authority held illegal.

The petitioner, Arjun Ratansing Jadhav, was the highest bidder in an auction for collection of gum from Chalisgaon forest area for the period 26.11.20...

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Bombay High Court Upholds Conviction of Two Accused for Murder, Acquits Others in SC/ST Act Case Due to Lack of Evidence. Conviction under Section 302 IPC read with Section 34 IPC sustained for accused who inflicted fatal injuries, while others acquitted for insufficient proof of common intention.

The judgment pertains to two criminal appeals filed by convicted accused and a criminal application by the State seeking leave to appeal against acqui...

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Bombay High Court Allows Appointment of Arbitrator in Partnership Dispute Despite Objections to Earlier Appointee. Court Holds That Arbitration Clause Survives Dissolution and Section 11(6) of Arbitration and Conciliation Act, 1996 Empowers Court to Appoint Arbitrator When Parties Fail to Agree.

The applicants, partners of a dissolved partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeki...