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Bombay High Court Sets Aside Ex Parte Decree in Summary Suit Due to Lack of Proper Service of Summons. Delay of 164 Days Condoned as Defendant Demonstrated Good Cause for Non-Appearance Under Order XXXVII of CPC, 1908.

The plaintiff, Fountainhead Promotions & Events Pvt Ltd, filed a Summary Suit No. 874 of 2010 against the defendant, Gitanjali Lifestyle Limited, clai...

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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 Petition for Passport in Adoptive Name Based on Valid Adoption Deed and Consistent Usage. Adoption Deed and Consistent Usage Sufficient for Passport Issuance Under Passports Act, 1967.

The petitioner, Mihir Ramesh Vora, originally named Mihir Suryakant Nisar, was born on 28.11.1991 to Suryakant Nisar and Jigna Suryakant Nisar. On 28....

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Bombay High Court Dismisses Impleadment Application in Property Suit — Plaintiffs Fail to Establish Prima Facie Title or Possession. Order 1 Rule 10 CPC requires direct legal interest; vague claims of possession without documentary evidence insufficient for impleadment.

The judgment pertains to a Notice of Motion filed by the plaintiffs in a suit seeking a declaration of ownership and possession of a property. The pla...

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Bombay High Court Allows New Electricity Connection Without Arrears for Auction Purchaser. Purchaser of property in auction from Sales Tax Department cannot be saddled with previous owner's electricity dues under Section 24 of the Indian Electricity Act, 1910.

The petitioner, Miss Tulsa Dongre, purchased Shop No.4 of Deep Apartments from the Sales Tax Department in an open auction held on 17 October 2003 for...

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Bombay High Court Acquits Appellant in Murder Case Due to Unreliable Dying Declaration. Conviction under Section 302 IPC set aside as the second dying declaration was inconsistent with the first and lacked corroboration.

The appellant, Deepak Bhaurao Chautmal, was convicted under Section 302 of the Indian Penal Code, 1860, for the murder of his wife, Nanda, by the Sess...