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Bombay High Court Dismisses Probate Suit Challenging Will on Grounds of Suspicious Circumstances and Lack of Testamentary Capacity. Will dated 9th March 1981 held not duly executed and attested as required under Section 63 of the Indian Succession Act, 1925.

The case concerns a testamentary suit filed by Sulochana Dinanath Tarkar (since deceased, represented by her sons Sunil and Harish) seeking Letters of...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The appellants (original plaintiffs) filed a suit for declaration of title and permanent injunction in respect of suit property bearing R.S. No. 165/2...

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Bombay High Court Dismisses Writ Petition Challenging Defence Land Claim Over Leasehold Property. Petitioner's Title Not Established Against Union of India's Claim of Ownership Over Land Leased to Colaba Land & Mill Company.

The petitioner, TCI Industries Limited, claimed to be a lessee of land admeasuring 10.264 acres in Colaba, Mumbai, by virtue of an Indenture of Assign...

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Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...

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Supreme Court Commutes Death Sentence to Life Imprisonment in Rape and Murder of Minor. Conviction Upheld but Death Penalty Not Warranted Due to Lack of Aggravating Circumstances.

The appellant, Ravishankar @ Baba Vishwakarma, was convicted by the Trial Court for kidnapping, raping, and murdering a 13-year-old girl, and for dest...

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High Court of Gujarat at Ahmedabad Examined Conviction Under Sections 498A, 306 IPC and Dowry Prohibition Act in Appeal. Dying Declaration Contradictions and Procedural Irregularities Raised as Grounds to Set Aside Trial Court’s Judgment.

The appeal challenged the conviction of the appellant-husband for offences under Sections 498A and 306 of the Indian Penal Code and Sections 3 and 7 o...

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High Court of Karnataka Hears Regular First Appeal Against Dismissal of Suit for Partition and Declaration. Daughter Challenges Will Dated 15.06.2001 Alleging Suspicious Circumstances and Non-Compliance with Proof Requirements Under Section 63 of Indian Succession Act, 1956.

The Regular First Appeal arose from a suit for declaration, partition, and mesne profits filed by one of the daughters of late M. Krishnappa. The dece...

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Bombay High Court Allows Appeal Against Remand Order in Licence Fee Dispute — Trial Court Must Decide Suit on Merits Without Being Influenced by Observations in Remand Order. Appellate Court Exceeded Jurisdiction Under Order XLI Rules 23, 23-A, 25 CPC by Remanding Without Deciding Appeal on Merits.

The appellant (original plaintiff) filed Regular Civil Suit No.1900/2012 (Old Special Civil Suit No.535/2008) for mandatory injunction and recovery of...