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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — Minor's Ownership Claim Over Attached Flat Rejected for Lack of Evidence. Co-Partnership Society Flat Allotted to Judgment Debtor's Father Cannot Be Claimed by Minor Grandson Without Proof of Transfer.

The case involves execution proceedings arising from a decree passed in Summary Suit No.491 of 1999 on 18th March 2002 in favor of the Judgment Credit...

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Bombay High Court Dismisses Appeal by Qatar Airways Against Maintainability of Summary Suit for Recovery of Rs. 59.22 Lakhs. Foreign Company Not Entitled to Sovereign Immunity Under Section 86 CPC as It Is a Commercial Entity, Not a Foreign State.

The respondent, Shapoorji Pallonji & Co., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against the appellant, Qatar Ai...

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Bombay High Court Dismisses Appeal in Will Execution Case — Upholds Trial Court's Finding of Suspicious Circumstances. Execution of Will Not Proved as Attesting Witnesses Not Examined and Propounder Failed to Dispel Suspicious Circumstances Under Section 63 of Indian Succession Act, 1925.

The appellant, Mr. Anthony Edward D'Aguiar, filed a First Appeal before the Bombay High Court against the judgment and decree dated 30th April 2012 pa...

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Bombay High Court Dismisses Appeals in Property Dispute — Widow's Absolute Ownership Under Section 14(1) Hindu Succession Act, 1956 Upheld. Property Received in Lieu of Maintenance Confers Full Estate, Not Limited Interest.

The case involves two second appeals arising from a suit filed by the original plaintiffs (respondents) against the original defendants (appellants) c...

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Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Dispute. Petitioner fails to prove will or entitlement to flat as Letters of Administration validly granted to son of deceased.

The petitioner, Prakash P. Bambardekar, filed a petition under Section 263 of the Indian Succession Act, 1925 seeking revocation of Letters of Adminis...

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CRIMINAL APPEAL NO.678 OF 2014

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Disturbed. Agreement to Sell Proved, Limitation and Benami Transaction Objections Rejected.

The case involves a second appeal filed by the defendants (appellants) against a decree for specific performance of an agreement to sell immovable pro...

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Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance Under MOFA Act — Society Entitled to Conveyance of Both Plots. District Registrar's Order Under Section 11 of MOFA Act, 1963 Upheld as Developer Failed to Show Jurisdictional Error.

The petitioners, M/s. Sawant Constructions, a partnership firm and developer, challenged an order dated 21 June 2013 passed by the District Deputy Reg...