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Bombay High Court Hears Suit by Trustees of Public Charitable Trust for Declaration of Ownership of Suit Properties Under Maharashtra Public Trusts Act, 1950. Defendant's Probate-Based Claim to Trust Properties and Alleged Trespass Prompted Suit for Declaration and Permanent Injunction.

The dispute arose between the trustees of the Banaji Limji Agiary Trust, a public charitable trust registered under the Maharashtra Public Trusts Act,...

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Bombay High Court Dismisses Appeal Against Grant of Probate — Secondary Evidence of Will Held Admissible Despite Non-Production of Original. Attestation Proved Through Scribe's Son and Attesting Witness's Daughter; Delay and Exclusion of Heirs Not Suspicious.

The present appeal was filed under Section 96 read with Order 41 of the Code of Civil Procedure, 1908 by the original Opponents against the judgment d...

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Supreme Court Dismisses Appeals in Insolvency Case Due to Limitation and Mis-statements. NCLAT's Refusal to Condon Delay Upheld as Appellant Failed to Apply for Certified Copies and Made Contradictory Assertions Under Section 61 of Insolvency and Bankruptcy Code, 2016.

The appeals arose from an order dated 18.01.2024 passed by the National Company Law Appellate Tribunal (NCLAT), which dismissed appeals preferred by t...

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Bombay High Court Allows Insolvent's Application to Set Aside Ex-Parte Adjudication Order in Insolvency Proceedings — Delay of 22 Days Condoned. The court held that the Insolvent had sufficient cause for non-appearance and that the ex-parte order was passed without proper service of notice.

The case involves an application by the Insolvent, Parmanand Sitlaprasad Pandey, seeking to set aside an ex-parte adjudication order passed in insolve...

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Bombay High Court Upholds Trial Court's Order Allowing Oral Evidence in Temporary Injunction Proceedings Under Order 39 Rule 1 CPC. The Court has inherent jurisdiction to permit oral evidence for just and effective adjudication of interim injunction applications.

The petitioner, Babulal Onkardas Kabra, was the original defendant in a suit filed by the respondents, Nilesh, Shailesh, and Rakesh Pukhraj Rathod, in...