Search Results for "executor"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "executor"

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High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit for Declaration and Injunction. Court holds that valuation for court fees and jurisdiction is determined by the relief claimed in the plaint, and the trial court's finding that the suit was properly valued is a finding of fact not warranting interference under Section 115 CPC.

25 Jun 2019

The case arises from Regular Civil Suit No. 780 of 2009 filed by respondents no.1 and 2 (plaintiffs) against the applicants (defendants) seeking a dec...

High Court

Bombay High Court Dismisses Appeal in Trust Dispute — Interpretation of Indenture of Trust dated 29th March 1949. Court holds that the Appellant/Plaintiff failed to establish any right, title or interest in the trust property under the Deed of Trust.

11 Jan 2019

The dispute pertains to an Indenture of Trust executed on 31st March 1949 between Parvatibai Chowhan (Settler) and Rai Bahadur Kunwar Motisingh Lalsin...

High Court

Bombay High Court Dismisses Impleadment Application in Specific Performance Suit — No Right, Title or Interest in Suit Property at Time of Agreement. Subsequent purchaser/developer not entitled to be impleaded under Order 1 Rule 10 CPC as decree would bind them.

20 Sep 2013

The Bombay High Court dismissed a chamber summons filed by M/s Space Developer, a registered partnership firm, seeking impleadment as a party defendan...

High Court

Bombay High Court Dismisses Appeal in Cheque Bounce Case Due to Lack of Locus Standi — Complainant Not Proprietor or Holder in Due Course. The court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881, must be filed by the holder in due course or the authorized power of attorney holder, and the appellant, who falsely claimed to be the proprietor, had no locus standi.

19 Sep 2013

The appellant, Upendra Devendra Lad, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondents, including M...

High Court

Bombay High Court Dismisses Caveat in Probate Case Due to Lack of Caveatable Interest. Attesting Witness's Son Cannot Challenge Will When Father Had Attested It Voluntarily.

16 Jul 2013

The case involves a probate petition filed by the executors of the last Will and testament of Khimjee Thakkar, a bachelor. The Will was attested by Ba...

High Court

Bombay High Court Allows Arbitration Application by Beneficiaries of Trust Under Section 11 of Arbitration and Conciliation Act, 1996 — Non-Signatory Beneficiaries Can Invoke Arbitration Clause in Trust Deed.

6 Mar 2013

The applicants, beneficiaries of the first respondent trust (a private family trust created by a Deed of Trust dated 6th April 1983), filed an applica...

High Court

Bombay High Court Dismisses Application for Additional Evidence in Appeal Against Order Refusing Revocation of Administrator. Order XLI Rule 27 CPC requires strict proof of due diligence for admitting additional evidence at appellate stage.

27 Sep 2012

The case involves a Chamber Summons taken out by Ferani Hotels Pvt. Ltd. (the appellant) under Order XLI, Rule 27 of the Code of Civil Procedure, 1908...

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 Second Appeal in Property Dispute Over Temple Land — Plaintiffs Fail to Prove Ownership by Adverse Possession. The court held that the plaintiffs' claim of adverse possession failed as they did not establish exclusive possession or ouster of the defendant temple.

21 Oct 2005

The dispute in this second appeal concerns a property surveyed under no.263/3 of village Tuem, Pernem, Goa. The plaintiffs, who are the appellants, cl...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Sets Aside Appellate Decree for Erroneous Appreciation of Evidence on Legal Necessity and Secondary Evidence. The Court held that the Appellate Court failed to properly consider the burden of proof regarding legal necessity for alienation by a limited owner and the admissibility of secondary evidence under the Indian Evidence Act, 1872.

12 Jan 2005

This Second Appeal arises from a suit for declaration and possession filed by the original plaintiffs (respondents 1 to 4) against the defendants (app...

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