Search Results for "1925"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "1925"

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High Court

Bombay High Court Allows Second Appeal in Possession Suit — Upholds Plaintiff's Title Based on Registered Sale Deed and Adverse Possession Claim Fails. The court held that the defendant failed to prove adverse possession and that the plaintiff's title was established through a registered sale deed of 1939.

10 Jun 2005

The original suit was filed by Jainuddin Mohamad Yusuf Mulla and others (plaintiffs) for possession of land bearing Survey No.21 Hissa No.21, extent 2...

High Court

Bombay High Court Allows Mortgagee's Suit for Arrest and Sale of Vessel in Admiralty Jurisdiction — Mortgage Debt Secured by Vessel Held Enforceable Despite Change of Ownership. The court held that a valid mortgage creates a maritime lien enforceable in rem, and subsequent change of ownership does not affect the mortgagee's rights.

18 Jul 2005

The plaintiffs, Dallah Albaraka Investment Co. Ltd., filed an admiralty suit in the Bombay High Court seeking enforcement of a mortgage over the vesse...

High Court

Bombay High Court Dismisses Petition for Revocation of Probate in Indian Succession Act Case Due to Lack of Caveatable Interest and Proof of Adoption. Allegations of Fraud and Non-Service of Citation on Heirs Fail as Petitioner Fails to Establish Locus Standi and Execution of Will is Upheld.

10 Oct 2017

The Bombay High Court heard a miscellaneous petition filed by the nephew of a deceased woman seeking revocation of a probate granted in favor of the r...

High Court

Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Act Case — Petitioner Failed to Prove Fraud or Concealment of Material Facts. The court held that the petitioner, as sister of the deceased, had no locus standi to challenge the grant of Letters of Administration to the widow and daughters, and that the alleged agreement for sale was not a valid will or testamentary document.

26 Aug 2013

The petitioner, Mrs. Archana Arun Palav, sister of the deceased Kirankumar Gorjibhai Bhatia, filed a petition seeking revocation of the grant of Lette...

High Court

Bombay High Court Allows Appeal in Wrongful Arrest of Vessel Case — Duty to Mitigate Under Section 73 Contract Act Does Not Apply to Undertaking Under Rule 941 of Bombay High Court (Original Side) Rules, 1980. The court held that the undertaking under Rule 941 is a contractual obligation independent of the duty to mitigate damages, and the plaintiff must pay damages as per the undertaking without reduction for failure to mitigate.

5 Nov 2014

The case involves an appeal by Rainbow Ace Shipping S.A., the owner of the vessel MV Rainbow Ace, against an order of the learned single Judge of the ...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Revoke Probate — Consent to Probate Bars Subsequent Challenge to Will's Genuineness. Failure to Administer Estate Does Not Warrant Revocation of Probate; Remedy Lies in Removal of Executor.

22 Jul 2013

The appeal arose from an order of a learned Single Judge of the Bombay High Court dismissing a Miscellaneous Petition for revocation of probate grante...

High Court

Bombay High Court Allows Decree Holder's Execution Petition and Dismisses Judgment Debtor's Challenge in Property Execution Dispute — Court Holds That Execution Proceedings Are Not Barred by Limitation When Decree Is Put into Execution Within 12 Years of Final Decree Under Article 136 of Limitation Act, 1963.

28 Mar 2019

The case involves two writ petitions arising out of execution proceedings. The decree holder, Dr. (Smt.) Jayashree Avinash Banait, obtained a decree a...

High Court

Bombay High Court Grants Probate of Will in Testamentary Suit, Upholds Execution Despite Handwritten Additions and Suspicious Circumstances. Propounders Discharged Burden of Proof Under Section 63 of Indian Succession Act, 1925 by Examining Attesting Witness and Explaining Circumstances.

9 Jun 2016

The plaintiffs, Kirit N. Damania and Shantaram V. Pikale, executors named in the Will of Shashikala Baburao Alandkar, sought probate of the Will dated...

Supreme Court

Supreme Court Allows Appeal in Will Dispute Case — High Court Erred in Interfering with Concurrent Findings of Fact. Will Execution Proved Under Section 63 of Indian Succession Act, 1925 and Section 65(c) of Indian Evidence Act, 1872.

27 Mar 2020

The case involves a dispute over the validity of a Will dated 30.04.1980 executed by Chandu Ram in favor of his grandsons (sons of defendant No.5 Soha...

High Court

Bombay High Court Grants Probate of Will in Favor of Propounder Despite Allegations of Undue Influence. Court holds that propounder discharged burden of proving due execution and testamentary capacity under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

31 Jul 2023

The plaintiff, Janki Suresh Bhandoola, as the sole executrix named in the last will and testament of Sushiladevi T. Parsani (the testatrix), filed a s...

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