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Bombay High Court Allows Appeal in Testamentary Suit — Execution of Will Proved in Accordance with Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872. Propounder discharged burden of proving due execution and attestation of Will despite suspicious circumstances.

The appeal arose from a judgment and decree dated 30th June, 2016 passed by the learned Single Judge of the Bombay High Court in Testamentary Suit No....

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With. Licensee Defendants Failed to Prove Independent Title; Suit for Possession Based on Title Maintainable Without Prior Revocation of License.

The present second appeal was filed by the original defendants against the judgment and decree dated 16.04.2022 passed by the District Judge-1, Nagpur...

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Karnataka High Court Allows Appeal and Remands Murder Case for Fresh Trial Due to Denial of Fair Trial. Conviction Under Sections 498A and 302 IPC Set Aside as Non-Examination of Medical and Forensic Witnesses and Non-Marking of Postmortem Report Vitiates Trial and Violates Article 21.

The appeal arose from a judgment of the IV Additional District and Sessions Judge, Madhugiri, which convicted the appellant, the husband of the deceas...

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High Court of Karnataka Hears Regular Second Appeal Against Decree Declaring Suit Darga as Personal Property. The Wakf Board Appealed the First Appellate Court’s Finding that It Failed to Adduce Evidence of Wakf Declaration under Sections 4 and 5 of the Wakf Act, 1995.

The appeal arose from a suit for injunction filed by the plaintiffs, who along with defendant No.1 claimed joint ownership and management of the suit ...

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Bombay High Court Grants Probate of Will in Favor of Executor Despite Challenge by Caveator Claiming Earlier Will. Court Upholds Validity of Later Will Executed in Hospital, Finds No Suspicious Circumstances.

The case concerns a probate petition filed by Prakash Sunderdas Aswani, the sole executor named in the last Will of Pushpa Thakurdas Aswani dated 18th...

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Bombay High Court Dismisses Appeals Against Refusal to Injunction Bank Guarantee Encashment in Arbitration Dispute. Court Holds That Fraud or Irretrievable Injustice Must Be Established for Injunction Against Bank Guarantees Under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, Felguera Gruas India Private Limited (FGIPL), entered into contracts with the first respondent, Tuticorin Coal Terminal Private Limited...

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Bombay High Court Grants Probate of Will in Testamentary Suit — Execution and Attestation Proved Despite Suspicious Circumstances. Handwriting Expert and Attesting Witness Evidence Accepted to Establish Validity of Will Under Section 63 of Indian Succession Act, 1925.

The suit was filed by Vibhushit Trivedi, the sole surviving executor, seeking probate of the last Will and testament of Chhotalal Karunashankar Trived...

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Bombay High Court Quashes Amalgamation Notification for Lack of Consent — Amalgamation Under Section 44 of Maharashtra Agricultural Produce Marketing Act Requires Consent of Both Market Committees. Withdrawal of Consent by One Committee Renders the Process Invalid.

The petitioners, Sopanrao Sathe (Chairman) and the Agricultural Produce Market Committee (APMC), Malkapur, challenged a notification dated 17-01-2009 ...