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Bombay High Court Quashes Trial Court Order in Civil Revision for Failure to Decide Preliminary Issue on Locus to Claim Accounts. Trial Court directed to decide all issues together, with no repeat cross-examination on issue already covered.

The case arises from a civil revision application filed by the applicants (defendants) against an order dated 13.11.2003 passed by the trial court. Th...

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Bombay High Court Dismisses Appeal of Obstructionist in Execution Proceedings — Sub-Tenancy Claim Not Proven. Order 21 Rule 97 CPC Objection Fails as Appellant Failed to Establish Sub-Tenancy and Decree Was Within Limitation.

The appellant, Surjeetsingh Jaswantsingh Hora, filed an application under Order 21 Rule 97 of the Code of Civil Procedure, 1908 before the IV Extra Jo...

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Bombay High Court Dismisses Appeal in Foreign Exchange Case — Domicile Claim Rejected for Lack of Evidence. Plaintiff failed to prove domicile in Goa and jurisdiction of show cause notices under Foreign Exchange Regulation Act, 1947.

The appellant, Gangadhar Narsingdas Agarwal, filed a suit in the City Civil Court, Bombay, seeking a declaration that he had been domiciled in Goa sin...

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Bombay High Court Dismisses State's Appeal in Arbitration Case. Court upholds arbitral award allowing contractor's claims for hidden expenses and interest, rejecting challenge under Section 34 of Arbitration and Conciliation Act, 1996.

The State of Maharashtra, through the Irrigation Department, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challengi...

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Bombay High Court Dismisses Application to Withdraw Consent for Arbitrator Appointment in Arbitration Dispute — Consent Once Given Cannot Be Unilaterally Withdrawn Under Section 11 of Arbitration and Conciliation Act, 1996.

The dispute arose out of a Memorandum of Understanding dated 23 October 2006 and an additional Memorandum of Understanding dated 27 March 2008 between...

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Bombay High Court Dismisses Probate Petition for Will Dated 1988 Due to Suspicious Circumstances and Failure to Prove Genuine Execution. Court holds that propounder must dispel all suspicions surrounding the will, including unnatural disposition and lack of independent evidence.

The case concerns a testamentary suit filed by Suresh Hemmady, the executor under the will of Mira R. Nadkarni, seeking probate of the will dated 15th...

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Bombay High Court Dismisses Challenge to Arbitral Award in Leave and License Dispute — Petitioner's Breach of Agreement Upheld. Arbitrator's Award of Rs. 90 Lakhs Damages with Interest Not Patently Illegal Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Ropa Plastics Private Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral a...

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Bombay High Court Dismisses Suit Against Carrier for Short Delivery of Goods Due to Lack of Privity of Contract and Limitation. Bill of Lading Holder Cannot Sue Carrier When Goods Were Delivered to Consignee Without Endorsement of Original Bill of Lading.

The plaintiff, M/s. J. Harkishandas & Co., a partnership firm, filed a suit against the first defendant, Lloyd Triestino, a foreign shipping company, ...