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Gujarat High Court Allows Appeal and Enhances Compensation for Pillion Rider Death in Motor Accident Claim. Pillion Rider Cannot Be Held Contributorily Negligent for Rider's Sudden Braking; Compensation Enhanced Under Motor Vehicles Act, 1988.

The appeal arose from a judgment and award dated 10.07.2024 of the Motor Accident Claims Tribunal (Aux.) Mahisagar at Lunawada in M.A.C.P. No. 84 of 2...

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High Court of Karnataka Dismisses Appeal Against Revocation of Probate in Succession Case — Failure to Implead All Heirs Renders Probate Voidable Under Section 263 of Indian Succession Act, 1925.

The appellant, H Srinivas Rao, filed a Miscellaneous First Appeal under Section 384 of the Indian Succession Act, 1925, challenging the order dated 15...

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Bombay High Court Dismisses Revision Against Eviction Decree for Subletting Under Maharashtra Rent Control Act. Landlord Proved Subletting as Tenants Had No Control Over Suit Shop and Sub-Tenants Were in Exclusive Possession Under Section 16(1)(e)(ii) of M.R.C. Act.

The case involves a civil revision application filed by the original defendants (applicants) against the judgments and decrees of eviction passed by t...

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Bombay High Court Allows Condonation of Delay in Filing Caveat in Testamentary Case — Caveators' Rights Protected Despite Procedural Lapse. Court holds that caveat filed after petition for Letters of Administration is maintainable and delay in lodging caveat can be condoned under Section 148A of CPC.

The case involves a Chamber Summons filed by the applicants, who are the legal heirs of Mr. Adhip Lal Barua (predeceased son of the deceased Captain M...

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Bombay High Court Dismisses Revision Against Executing Court's Order in Partition Execution — No Jurisdictional Error Found. Executing Court Cannot Go Behind Decree and Objections Under Order 21 Rule 90 CPC Must Be Raised Before Sale Confirmation.

The case arises from a partition suit (Partition Suit No.945 of 1968) filed by the heirs of Bachhusingh, who died intestate on 24-11-1964, concerning ...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...

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Bombay High Court Dismisses Application for Withdrawal of Suit by Legal Representatives in Property Dispute — Held That Executors of Deceased Plaintiff's Will Are Necessary Parties and Suit Cannot Be Withdrawn Without Their Consent

The case involves a Notice of Motion filed by H.H. Jyotiraditya Madhavrao Scindia and Smt. Madhavi Raje Madhavrao Scindia, who are legal representativ...