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Bombay High Court Partly Allows Insurance Company Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof. Claimant's 100% Permanent Disability Acknowledged but Multiplier and Income Assessment Modified Under Motor Vehicles Act, 1988.

The National Insurance Company Ltd. appealed against the judgment and order dated 7.6.2004 of the Motor Accidents Claims Tribunal, Pune, in Claim Peti...

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Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...

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Karnataka High Court Dismisses Second Appeals in Partition Suit; Upholds Concurrent Findings That Properties Are Joint Family and Partition Deed Not Binding. Defendants Failed to Prove Self-Acquired Nature of Lands, and Partition Deed Invalid as Mother's Consent Not Obtained for Minors' Shares.

The dispute arose from a suit for partition filed by the widow and children of late Praveen Deshpande against his parents and brothers seeking one-six...

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Decree for Rent Default. Tenant Failed to Pay Rent for Over a Decade, No Dispute as to Standard Rent or Permitted Increases, Case Falls Under Section 12(3)(a) of Bombay Rent Act.

The dispute pertains to a suit for eviction filed by the landlady, Mrs. Kusum Pandurang Keni, against the tenant, Sudhir Kumar Sengupta (since decease...

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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Suit — Confirms Findings of Subletting and Non-User of Premises. Landlord's Eviction Suit Under Maharashtra Rent Control Act, 1999 Upheld as Tenants Failed to Prove Bona Fide Use and Consent for Subletting.

The case arises from a landlord-tenant dispute concerning Shop No.2 and rear portion of Shop No.1 in Supariwala Mansion, Parel, Mumbai. The original p...

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Bombay High Court Dismisses Appeal Against Setting Aside of Consent Decree in Property Suit. Consent Decree Obtained by Fraud and Misrepresentation, Not Binding on Co-operative Society and Its Members.

The appeal arises from a long-standing property dispute. The appellant, Time Field Corporation, a partnership firm, filed a suit in 1978 against Shri ...

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Bombay High Court Dismisses Condonation of Delay in Filing Written Statement in Commercial IP Suit — Delay of 410 Days Not Sufficiently Explained. Policy Changes and Preoccupation of Legal Team Held Not to Constitute Sufficient Cause Under Order VIII Rule 1 CPC.

The case involves a commercial IP suit filed by Metro Shoes Ltd (Plaintiff) against Flipkart India Pvt. Ltd. and Tech-Connect Retail Pvt. Ltd. (Defend...

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Bombay High Court Dismisses Appeal in Share Dispute Case — Upholds Trial Court's Refusal of Interim Injunction. Court held that the appellants failed to establish a prima facie case for restraining the pledge of shares, as the shares were not proved to be held in a fiduciary capacity.

The case involves a dispute between two branches of the Arya family over shares of Arya Iron & Steel Co. Pvt. Ltd. The appellants, Ravi Arya and other...