Search Results for "Attesting Witness"

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Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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Search Results for "Attesting Witness"

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High Court

Gujarat High Court Allows Appeal in Succession Case, Directs Transfer of Probate Application to District Judge Under Section 288 of Indian Succession Act, 1925. The trial court's rejection of probate application for lack of jurisdiction under Section 272 was set aside as the court should have transferred the matter to the District Judge under Section 288.

23 Jan 2026

The appellant, Usha Pankajbhai Bhayani, filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908 read with Section 299 of the Indian...

High Court

High Court of Karnataka Dismisses Appeal in Succession Act Case — Will Not Duly Executed as Per Section 63 of Indian Succession Act, 1925. Propounder Failed to Prove Execution and Attestation Requirements, Leading to Dismissal of Probate Petition.

8 Sep 2023

The case involves an appeal filed by Mrs. Eulalia Sequeira Nee Menezes against the dismissal of her petition for probate of a Will dated 06.08.1993 al...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine and Enforceable Due to Lack of Credible Evidence and Discrepancies in Pleadings.

5 Mar 2020

The appellant, Harish, filed a suit for specific performance of an agreement to sell dated 05.12.2008 allegedly executed by the respondents in his fav...

Supreme Court

Supreme Court Dismisses Appeal in Joint Family Property Dispute — Tenancy Rights Determined Under Bombay Tenancy Act, Civil Court Jurisdiction Barred. The court held that the civil court lacked jurisdiction to decide tenancy issues under Sections 85 and 85A of the Bombay Tenancy and Agricultural Lands Act, 1948, but the certificate under Section 32M had become final.

27 Aug 2019

The dispute pertains to an open land measuring eight acres in Nasik, originally owned by Raghunath Hari Phadake. The land was taken on lease by Govind...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Proved by Attesting Witness and Part Performance, Defendant Failed to Discharge Burden Under Section 16(c) of Specific Relief Act, 1963.

5 Aug 2019

The present second appeal was filed by the original defendant, Madan s/o Mohan Gupta, challenging the concurrent judgments and decrees passed by the c...

High Court

Bombay High Court Dismisses Petition Challenging Trial Court's Refusal to Allow Additional Documents in Eviction Suit — No Error in Exercise of Discretion Under Order 13 Rule 1 CPC.

25 Jul 2019

The petitioners, as plaintiffs in a suit for eviction, sued two defendants. The second defendant, during his cross-examination, applied to produce cer...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Sale Deed Held Nominal and Void for Lack of Collector's Permission Under Fragmentation Act. The court restored the Trial Court's finding that the sale deed was a nominal transaction and void under Section 8 of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, reversing the lower Appellate Court's decree for possession.

30 Oct 2015

The case involves a second appeal arising from a property dispute over Survey No.20/2. The plaintiff-respondent No.1 (Damodhar Narayan Sawale) filed R...

High Court

High Court of Bombay Enhances Compensation for Land Acquisition in Irrigation Project — Market Value Determined Based on Potential and Comparable Sales. Land Acquired for Minor Irrigation Project; Court Finds Land Had Non-Agricultural Potential and Awards Rs. 60,000 Per Acre Under Section 23 of Land Acquisition Act, 1894.

17 Feb 2014

The appeal arises from a land acquisition proceeding under the Land Acquisition Act, 1894, where the State of Maharashtra acquired agricultural land b...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Finds Concurrent Findings Perverse for Ignoring Plaintiff's Readiness and Willingness. Agreement for Sale of Land at Amravati for Rs. 16,000/- with Earnest Money of Rs. 4,000/- — Courts Below Erred in Holding Plaintiff Not Ready and Willing Despite Evidence of Payment and Presence at Sub-Registrar's Office.

10 Feb 2014

The appellant (original plaintiff) filed a suit for specific performance of an agreement for sale of an open space with superstructure admeasuring 213...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Gift Deed and Will Upheld as Valid. Court holds that a coparcener cannot challenge a gift deed executed by father after partition when the property was not ancestral and the father had absolute rights.

1 Jul 2011

The appellant, original plaintiff Mahadeo Yeshwant Kadam (since deceased, represented by his heir Jaiprakash Mahadeo Kadam), filed a suit for declarat...

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