Search Results for "Attesting witness"

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Supreme Court Dismisses Appeals as Fraudulent Due to Fabricated Vakalatnama and Forgery of Appellant's Signature. Court Initiates Contempt Proceedings Against Advocates and Notary for Misusing Legal Process to File SLP Without Appellant's Consent.

The Supreme Court dealt with two appeals purportedly filed by Bhagwan Singh challenging a High Court order quashing criminal proceedings and a subsequ...

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High Court of Karnataka Allows Second Appeal in Property Dispute — Sale Deed Valid Despite Non-Examination of Attesting Witness. Execution of sale deed can be proved by other evidence under Section 68 of Indian Evidence Act, 1872 when attesting witness is dead.

The appellant-plaintiff, Sri Thammaiah, filed a suit for declaration of title and permanent injunction (later amended to possession) in respect of sui...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below have concurrently found that plaintiffs failed to prove title and possession.

The appellants (plaintiffs) filed a suit for declaration of title and permanent injunction in respect of certain immovable property. The trial court d...

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Bombay High Court Allows Appeal in Property Dispute — Sets Aside Decree for Specific Performance. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Mrs. Kiran Nashine, filed two appeals against the judgment and decree dated 30.09.2009 passed by the Joint Civil Judge, Senior Division...

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Bombay High Court Allows Second Appeal in Suit for Injunction — Concurrent Findings Set Aside as Perverse. The Court Held That the Appellate Court Failed to Appreciate Evidence and the Findings Were Contrary to Pleadings, Warranting Interference Under Section 100 CPC.

The appellant, Kashinath s/o Bala Bakale, filed a second appeal against the judgment and decree of the District Court, Aurangabad, which confirmed the...

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Bombay High Court Dismisses Notice of Motion to Set Aside Dismissal of Testamentary Suit — Remedy Lies in Appeal, Not Under Order 9 Rule 9 CPC. Suit Dismissed on Merits After Evidence Recorded, Not in Default.

The plaintiff, Arvind Nathubhai Dattani, filed a testamentary suit seeking probate of an alleged will. The plaintiff's evidence was recorded on 16 Apr...