Search Results for "1925"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "1925"

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High Court

High Court of Karnataka Allows Civil Revision Petition in Suit Dismissal Dispute — Rejects Trial Court's Refusal to Permit Withdrawal of Suit as Not Pressed. Plaintiff's right to withdraw suit under Order XXIII Rule 1 CPC upheld; mere filing of written statement or framing of issues does not bar withdrawal.

30 Jul 2025

The plaintiff, since deceased represented by her legal representatives, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedu...

High Court

Bombay High Court Allows Executor's Application for Probate in Will Dispute — Caveat Dismissed for Lack of Interest. Court held that a caveator claiming under an unproduced Will has no caveatable interest under Section 284 of the Indian Succession Act, 1925.

23 Aug 2013

The case involves a Notice of Motion filed by Daya Subhash Tiwari, the applicant and original petitioner in a probate petition, seeking dismissal of a...

High Court

Bombay High Court Allows Appeal Against Appointment of Administrator in Testamentary Case — Upholds Right of Son to Challenge Will on Ground of Undue Influence and Suspicious Circumstances. The court held that the propounder of a will must remove all suspicious circumstances, and the appointment of an administrator pendente lite under Section 247 of the Indian Succession Act, 1925, should not be made without considering the caveator's serious objections.

25 Apr 2019

The appeal arises from a testamentary dispute concerning the estate of Amardeep Singh Sujan Singh Chadha (the testator). The testator died on 5th Octo...

High Court

Bombay High Court Appoints Court Receiver as Administrator Pendente Lite in Testamentary Suit Due to Executor's Incarceration and Risk to Estate. The court held that under Section 247 of the Indian Succession Act, 1925, an administrator pendente lite can be appointed when the executor is unable to act, to preserve the estate pending determination of the suit.

3 Oct 2024

The dispute arises from the estate of Timothy D'Souza, who died on 7 April 2003. The plaintiff, Lalit D'Souza, propounded a Will dated 14 March 2003 a...

High Court

Bombay High Court Dismisses Applicant in Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Party Cannot Enforce Arbitration Clause in Agreement Whose Existence It Denies. The court held that a party cannot enforce an arbitration clause in an agreement whose existence it denies, as the arbitration clause is part of the agreement and cannot be severed for enforcement when the agreement itself is repudiated.

6 Aug 2010

The applicant, Rajesh V. Choudhary, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arb...

High Court

Bombay High Court Denies Widow's Claim for Court Fee Exemption in Succession Certificate Petition. Court Fee Exemption for Women Limited to Maintenance and Matrimonial Disputes, Not Applicable to Property Succession Under Indian Succession Act, 1925.

25 Jun 2012

The petitioner, Snehala Pramod Desai, the widow of the deceased, filed a testamentary petition under the Indian Succession Act, 1925, seeking a succes...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application for Dismissal of Proceedings Under Bombay Regulation VIII of 1827. Successive Applications for Legal Heirship Certificate Not Barred by Res Judicata as Proceedings Are Summary in Nature.

13 Feb 2019

The petitioners, Parvatabai and Suresh More, filed a writ petition challenging an order dated 18/06/2018 passed by the 11th Joint Civil Judge Senior D...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Will Not Proved. The appellate court's decree granting half share to the widow was upheld as the Will (Exh.-65) was not duly executed and attested under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872.

17 Jul 2006

The original plaintiff Kisnabai filed a suit for partition and separate possession of agricultural land Survey No. 17/1 at Alampur, admeasuring 3 Acre...

High Court

Bombay High Court Dismisses Petition for Revocation of Probate in Succession Act Case — No Grounds Made Out Under Section 263 of Indian Succession Act, 1925. Court held that mere allegations of fraud or suppression without evidence are insufficient to revoke probate granted after due citation.

25 Jan 2019

The petitioner, Ramprakash Jugilal Podar, brother of the deceased Tejpal Jugilal Podar, filed a petition under Section 263 of the Indian Succession Ac...

High Court

Bombay High Court Grants Probate of Will and Codicil in Favor of Executors Despite Caveat by Son — Execution and Attestation Proved Under Section 63 of Indian Succession Act, 1925. The court held that the Will and Codicil were duly executed and attested, and the caveator's allegations of undue influence and lack of testamentary capacity were not substantiated.

11 Jun 2014

The plaintiffs, being three of the executors named in the last Will and Testament dated 16th June, 1999 and a Codicil dated 23rd July, 2001 of Sorabji...

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