Search Results for "Attesting witness"

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Search Results for "Attesting witness"

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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...

High Court

Madras High Court Allows Second Appeal in Property Injunction Suit — Reverses Appellate Court's Dismissal and Restores Trial Court's Decree. Held that the appellate court erred in reversing the trial court's judgment without properly considering the evidence regarding possession and title.

5 Jan 2026

The appellants, as plaintiffs, filed a suit for bare injunction in O.S.No.52 of 2008 before the District Munsif Court, Thuraiyur, seeking to restrain ...

High Court

High Court of Karnataka Dismisses Second Appeal in Declaration Suit — Concurrent Findings of Ownership Upheld. Regular Second Appeal under Section 100 CPC fails as no substantial question of law arises from concurrent findings of fact regarding title and possession.

13 Jun 2025

The appellant, Somayya Belchada, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree...

Supreme Court

Supreme Court Allows Appeal in Property Dispute, Reverses High Court's Dismissal of Second Appeal Under Section 100 CPC. The High Court's failure to frame a substantial question of law as required under Section 100 of the Code of Civil Procedure, 1908, rendered its judgment unsustainable, leading to remand for fresh consideration.

23 Apr 2025

The appeal arose from a property dispute involving cancellation of sale deeds, recovery of possession, and injunction. The appellants, second to fifth...

High Court

Bombay High Court Dismisses Appeal Against Decree of Specific Performance of Contract for Sale — Agreement of Sale Validly Proved and Plaintiff Ready and Willing to Perform. Court upholds trial court's finding that defendant failed to prove that agreement was not executed or that plaintiff was not ready and willing to perform.

3 Jan 2019

The present appeal arises from a judgment and decree passed by the Civil Judge, Senior Division, Aurangabad in Special Civil Suit No.26/2014, whereby ...

High Court

Karnataka High Court Dismisses Second Appeal in Suit for Declaration and Injunction — Concurrent Findings Upheld. Plaintiff Failed to Prove Title and Possession Over Suit Property; Non-Examination of Attesting Witnesses to Sale Deed Led to Adverse Inference.

5 Dec 2018

The legal representatives of the original plaintiff in O.S. No. 104/1982 (old No. 215/1968) filed a second appeal under Section 100 of the Code of Civ...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses. Execution of Agreement Not Duly Proved Under Section 68 of the Evidence Act, 1872, as Attesting Witnesses Were Not Examined.

29 Jun 2018

The case involves a suit for specific performance of an agreement to sell dated 01.06.2005 filed by the respondent-plaintiff (Ashish Jain) against the...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Specific Performance — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert Under Section 68 of Evidence Act, 1872.

21 Aug 2015

The case involves a second appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for specific performance of an agr...

High Court

Bombay High Court Dismisses Probate Petition for Will Allegedly Executed Under Undue Influence and Suspicious Circumstances. Will dated 21st August 1997 of Vivien Theresa Vaz held not proved due to lack of testamentary capacity and failure to dispel suspicion regarding execution.

16 Dec 2014

The case concerns a probate petition filed by Mirzban Darabshaw Surti, claiming to be the sole executor of the last Will and Testament of Vivien There...

High Court

Bombay High Court Dismisses Appeal in Will Execution Case — Upholds Trial Court's Finding of Suspicious Circumstances. Execution of Will Not Proved as Attesting Witnesses Not Examined and Propounder Failed to Dispel Suspicious Circumstances Under Section 63 of Indian Succession Act, 1925.

30 Nov -0001

The appellant, Mr. Anthony Edward D'Aguiar, filed a First Appeal before the Bombay High Court against the judgment and decree dated 30th April 2012 pa...

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