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Search Results for "testamentary suit"

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High Court

Gujarat High Court Allows Second Appeal in Will Dispute — Sets Aside Appellate Judgment for Failure to Consider Evidence on Testamentary Capacity. The Court holds that the First Appellate Court failed to independently assess evidence regarding the testator's mental capacity and the validity of the Will, and remands the matter for fresh consideration.

6 Feb 2026

The present second appeal arises from a dispute concerning the validity of a Will dated 15.04.1986 executed by Reshiabhai, the grandfather of appellan...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

High Court

Bombay High Court Dismisses Suit for Money Decree Based on Oral Agreement Allegedly Contradicting Written MOU. Plaintiff's claim for consideration under oral agreement fails as MOU silent on consideration and evidence insufficient to prove oral agreement.

19 Apr 2021

The Plaintiff, Bharat Nathalal Kansara, filed a suit in the Bombay High Court against his brothers, Praful Nathalal Kansara and another, seeking a mon...

Supreme Court

Supreme Court Dismisses Appeal in Will Dispute — Upholds High Court's Finding of Non-Genuine Will Due to Suspicious Circumstances. The court affirmed that the propounder of a Will must dispel all suspicious circumstances, and the High Court's reversal of the Trial Court's decree was justified based on inconsistencies in evidence.

24 Apr 2020

The case involves a civil appeal by the plaintiffs-appellants against the High Court of Karnataka's judgment dated 26.10.2007, which reversed the Tria...

Supreme Court

Supreme Court Dismisses Lessee's Claim for Damages in Wild Life Sanctuary Case — No Right to Compensation Without Acquisition. Notification Under Section 18 of Wild Life (Protection) Act, 1972 Does Not Confer Right to Damages for Loss of Use.

20 Aug 2019

The Supreme Court dismissed the appeal filed by M/s Natesan Agencies (Plantations), a partnership firm, against the judgment of the Madras High Court ...

High Court

Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Dispute — Petitioner Not a Necessary Party as Property Not Part of Deceased's Estate. The court held that under Section 263 of the Indian Succession Act, 1925, revocation requires concealment of material facts or fraud, but since the property claimed was not owned by the deceased, the petitioner was not a necessary party.

24 Mar 2014

The case involves a petition filed under Section 263 of the Indian Succession Act, 1925, seeking revocation of letters of administration granted to th...

High Court

Bombay High Court Dismisses Appeal Against Decree Declaring Plaintiffs' Ownership of 3/4th Share in Suit Property. Agreements Executed by Co-Owners Held Not Binding on Plaintiffs' Undivided Share Under Transfer of Property Act, 1882.

25 Oct 2013

The appeal arises from a judgment and order dated 21 August 2003 passed by the Joint Civil Judge Senior Division, Pune, in Special Civil Suit No.2107 ...

High Court

Bombay High Court Dismisses Probate Petition for Will Allegedly Procured by Undue Influence and Coercion. Will dated 28.04.1977 of Shakuntala Bhansali held not validly executed due to suspicious circumstances and lack of free volition.

31 Aug 2012

The plaintiff, Panna Atmaram Bhansali, one of the daughters of the deceased Shakuntala Mansen Damodardas Bhansali, filed a testamentary petition seeki...

High Court

Bombay High Court Dismisses Suit Challenging Will of Deceased as Probate Granted by Dubai Court is Conclusive Under Section 41 of Indian Evidence Act. Mother's challenge to will fails as foreign probate is binding on Indian courts regarding validity and execution of will.

27 Jul 2012

The plaintiff, Dr. Devika Damji Shah, mother of the deceased Dr. Mukesh Ramji Shah, filed a suit seeking a declaration that the will of the deceased d...

High Court

Bombay High Court Grants Probate of Will in Testamentary Suit, Upholding Execution and Attestation. The court held that the propounder of the Will discharged the burden of proving due execution and attestation under Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872, and that the caveators failed to prove suspicious circumstances.

7 May 2010

The plaintiffs, two brothers and sons of the testatrix, sought probate of the Will dated 20th March 1991 executed by their mother. The defendants, the...

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