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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 Quashes Criminal Proceedings in Defamation Case for Lack of Sanction Under Section 197 CrPC. Legal Practitioners as Public Servants Require Sanction for Prosecution for Acts Done in Discharge of Official Duty.

The judgment arises from two criminal writ petitions filed before the Bombay High Court. The petitioners, Anantrao Shankarrao Jagtap (original accused...

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Bombay High Court Grants Probate of Will Executed on Same Day as Testatrix's Death, Upholding Its Validity Despite Challenge by Legal Heir. The court held that the execution of the Will was duly proved by attesting witnesses and the suspicious circumstances were dispelled.

The plaintiff, Pravin Laxmidas Tanna, filed a suit seeking probate of the last Will and Testament dated 15.01.2004 of Savita Hiralal Bhindora, who exp...

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Bombay High Court Allows Writ Petition Against Executing Court's Rejection of Execution Application for Arbitral Award. Court Holds That Section 36 of Arbitration and Conciliation Act, 1996 Does Not Require Separate Application Under Section 34 for Execution of Arbitral Award.

The petitioner, Shriram Transport Finance Company Limited, obtained an arbitral award on 09.04.2014 directing the respondents to pay Rs. 74,094/- with...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings Upheld. Sale Deed Cancelled to Extent of Plaintiff's 1/4th Share as Purchaser Not a Bonafide Transferee Without Notice.

The present second appeal was filed by the original defendant No.4, Vikrant s/o Vilasrao Patil (since deceased, through legal heirs), challenging the ...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. FIR registered at Ahmednagar quashed as cheque was drawn on Navsari bank and no cause of action arose within Ahmednagar under Section 138 of Negotiable Instruments Act, 1881.

The petitioners, original accused in FIR No. I-382 of 2018 registered at Camp Police Station, Bhingar, Ahmednagar, for an offence under Section 138 of...

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Bombay High Court Dismisses Second Appeal in Mortgage Redemption Suit — Concurrent Findings of Fact Not Interfered With. Court holds that the appellant failed to prove the mortgage and refusal to redeem, and no substantial question of law arises under Section 100 CPC.

The appellant, Gulabrao Vishwas Desai, filed a second appeal before the Bombay High Court against the judgment and order dated 3rd August 1988 passed ...