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Bombay High Court Grants Probate of Will Executed on Same Day as Testatrix's Death, Upholding Its Validity Despite Challenge by Legal Heir. The court held that the execution of the Will was duly proved by attesting witnesses and the suspicious circumstances were dispelled.

The plaintiff, Pravin Laxmidas Tanna, filed a suit seeking probate of the last Will and Testament dated 15.01.2004 of Savita Hiralal Bhindora, who exp...

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Bombay High Court Sets Aside Arbitral Award in Lease Finance Dispute Due to Limitation Bar. Claim for Enhanced Rent Based on Depreciation Disallowance Held Time-Barred Under Article 137 of Limitation Act, 1963.

The petitioner, Aditya Birla Chemicals (India) Ltd., challenged an arbitral award dated 9th August, 2011 under Section 34 of the Arbitration and Conci...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Decree Due to Non-Compliance with Section 16(c) of Specific Relief Act, 1963. Plaintiff Failed to Plead and Prove Readiness and Willingness to Perform Contract.

The case involves a second appeal filed by the defendant (Peeraji) against the judgment and decree of the First Appellate Court which granted specific...

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Karnataka High Court Allows Refund of Excess Stamp Duty Paid by Company in Stamp Duty Refund Case — Respondents Directed to Refund Rs.10,11,810/- with Interest. Petitioner Entitled to Refund Under Section 48 of Karnataka Stamp Act, 1957 as Claim Was Within Limitation and Excess Payment Admitted.

The petitioner, Dalmiya Cement Venture Limited, a public limited company registered under the Indian Companies Act, 1956, got registered several lands...

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Supreme Court Dismisses Port Trust's Appeal in Licence Fee Recovery Case Due to Limitation Bar. Recovery Proceedings Under Public Premises Act, 1971 Held Time-Barred as Cause of Action Arose in 2010 and Proceedings Initiated in 2015 Exceed Three-Year Limit Under Limitation Act, 1963.

The dispute arose from the New Mangalore Port Trust (NMPT) allotting land to licensees for loading and unloading goods, with licence fees subject to r...

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Bombay High Court Dismisses Application for Condonation of Delay and Setting Aside Abatement in Second Appeal Due to Inordinate Delay and Lack of Sufficient Cause. Legal heirs failed to explain delay of over 5 years in seeking restoration of appeal after appellant's death.

The present litigation arises from a second appeal filed in 1994 which was disposed of as abated on 20.07.2012 due to the death of the sole appellant ...

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High Court of Judicature at Bombay Hears Writ Petitions Against Charity Commissioner's Sanction for Sale of Public Trust Property — Challenge Raised on Grounds of Lack of Public Auction and Violation of Natural Justice Under Section 36 of Bombay Public Trusts Act, 1950.

The writ petitions challenged the Charity Commissioner's order dated 2/9/2011 granting sanction to the trustees of a public trust to sell trust proper...

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Bombay High Court Acquits Policemen and Private Citizen in Corruption Case Due to Unreliable Trap Witness. Conviction under Sections 7, 13(2) r/w 13(1)(d) and Section 12 of Prevention of Corruption Act, 1988 set aside as sole trap witness was interested and testimony uncorroborated.

The case involves two appeals against conviction under the Prevention of Corruption Act, 1988. The appellants in Criminal Appeal No.248/02 were police...