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Bombay High Court Dismisses Petition Challenging Impleadment of Co-Legal Heirs as Co-Plaintiffs in Eviction Suit. Order 1 Rule 10 CPC Allows Necessary Parties to Join to Avoid Multiplicity of Proceedings, Even in Presence of Conflict of Interest.

The case arises from an eviction suit filed by Maude D'Penha (the original landlady) through her son and General Power of Attorney, Loy Kenneth D'penh...

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Bombay High Court Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Allegations of fraud in counter-claim do not render it non-arbitrable unless serious and complex, under Section 16 of Arbitration and Conciliation Act, 1996.

The case involves two arbitration petitions filed by Rekha Agarwal and Sunil Agarwal challenging an order of a Sole Arbitrator under Section 16 of the...

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Bombay High Court Revokes Probate for Non-Service of Citation on Legal Heir in Testamentary Succession Case. Failure to serve citation on a cousin who is a legal heir under the Indian Succession Act, 1925 amounts to fraud on court, warranting revocation of probate.

The petitioner, Adil Phiroz Makhania, filed a Miscellaneous Petition seeking revocation of probate granted by the Bombay High Court in Testamentary Pe...

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Bombay High Court Grants Probate of Will Dated 1977 Despite Limitation and Forgery Challenges. Executor Succeeds in Proving Due Execution and Testamentary Capacity of Testator Who Died in 1979.

The plaintiff, Suresh Manilal Mehta, filed a petition for probate of a Will dated 16th March 1977 allegedly executed by Rameshchandra Jamnadas Dalal (...

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High Court Dismisses Petitions Against Railway Eviction Notices -- Residents of Malad Fail to Prove Legal Right to Railway Land -- Eviction Upheld for Public Infrastructure Development

The judgment involved 25 connected writ petitions filed by residents of Malad, Mumbai, against eviction notices from the Western Railway Administratio...

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Karnataka High Court Hears Appeal Against Dismissal of Suit Alleging Deceptive Similarity in Beer Trade Marks. Plaintiff Claims 'Hercules Black Label' Infringes 'Kalyani Black Label'.

The High Court of Karnataka at Bangalore heard an appeal filed by United Breweries Ltd (plaintiff) against the judgment and decree of the XXV Addition...