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Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC.

The case involves a First Appeal registered as such but to be decided as a Second Appeal under Section 100 of the Code of Civil Procedure, 1908. The a...

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Bombay High Court Dismisses Defamation Suit Against Advocate for Sending Complaint to Cooperative Registrar. Communication to Registrar Held Not 'Publication' as It Lacked Intent to Harm Reputation and Was Privileged Under Exception 9 to Section 499 IPC.

The plaintiffs, members of a cooperative housing society, filed a defamation suit against Defendant No.1 (a fellow member) and Defendant No.2 (her adv...

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Bombay High Court Allows Decree Holder's Appeal in Execution Proceedings — Transfer of Attached Property Void Under Section 64 CPC. Sale of Property by Judgment Debtor After Attachment Order Cannot Defeat Decree Holder's Right to Execute Decree.

The case arises from a First Appeal filed by Mrs. Meera Unnikrishnan, the decree holder, against the dismissal of her execution application by the Civ...

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Bombay High Court Allows Revision Against Order Returning Plaint in Property Dispute — Jurisdiction of Civil Court Barred Under Section 163 of Maharashtra Cooperative Societies Act, 1960. Dispute Relating to Property Owned by Cooperative Society Must Be Tried by Cooperative Court, Not Civil Court.

The case involves a civil revision application filed by Sanjivani Kailas Borade (applicant) challenging an order of the District Judge-1, Solapur, dat...

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Supreme Court Dismisses Wife's Application to Vacate Status Quo in Matrimonial Dispute — Alternative Relief of Rent and Maintenance Granted. The Court upheld the arrangement of alternative accommodation with rent paid by husband, rejecting the wife's claim to return to the matrimonial home.

The case involves a long-standing matrimonial dispute between Jaidev Rajnikant Shroff (appellant-husband) and Poonam Jaidev Shroff (respondent-wife). ...

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High Court of Gujarat Quashed Order Refusing Registration of Sale Deed in SARFAESI Act Case — Reasoning that SARFAESI Act Overrides State VAT Attachment. Sub-Registrar Directed to Register Sale Certificate Issued by Bank, as Prior Attachment Under Gujarat VAT Act Does Not Bar Registration.

The petitioner, a successful auction purchaser, filed a writ petition under Article 226 of the Constitution challenging the refusal of the Sub-Registr...

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High Court of Bombay Adjudicates Appeal Against Remand Order in Suit for Possession, Where Defendant Sought to Introduce Counter-claim for Specific Performance. Appellate Court's Decision to Allow Amendment and Remand Challenged on Grounds of Limitation and Delay.

The litigation originated from an agreement to sell agricultural land bearing Field Survey No. 161 of Mouza Wanoja-Devi, executed on 9 February 1975 b...