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 Appeal and Remands Land Acquisition Reference for Parity in Compensation — Presumption of Death Under Section 110 of BSA Act Clarified. The Court held that the principle of parity requires consistent compensation for similarly situated landowners and that legal representatives need not produce a succession certificate when relationship is undisputed.

8 Aug 2024

The case arises from a first appeal filed by the legal representatives of the original claimant, Savitribai Ambagade, against the judgment and award d...

High Court

Bombay High Court Dismisses Application to Strike Out Amendment in Testamentary Suit — Verification by Constituted Attorney Held Valid for Full Grant. Section 241 of Indian Succession Act, 1925 applies only when attorney applies in own name, not when verifying on behalf of petitioner.

16 Jun 2005

The present chamber summons was taken out by the defendant to strike out an amendment carried out pursuant to an order of the appeal court dated 24.6....

High Court

Bombay High Court Allows Referral of Admiralty Suit to Arbitration Under Section 45 of Arbitration and Conciliation Act, 1996 — Arbitration Agreement Enforceable Despite Admiralty Claim. The court held that the existence of an arbitration agreement between parties mandates referral of the dispute to arbitration, and the admiralty suit cannot proceed in court.

6 Jul 2005

The judgment concerns two arbitration petitions filed under Section 45 of the Arbitration and Conciliation Act, 1996, seeking referral of an admiralty...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application to Register 'Rashtriya Swayansevak Sangh' as a Society. Section 3A of the Societies Registration Act, 1860 Bars Registration of a Society with a Name Identical to an Existing Registered Society.

21 Jan 2019

The petitioner, Janardan Moon, filed a writ petition challenging the order dated 4 October 2017 passed by the Assistant Registrar of Societies, Nagpur...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Plaint Rejection Application in Testamentary Case Under Section 228 of Indian Succession Act — Limitation Not Applicable to First Petition for Letters of Administration in India Despite Prior Foreign Probate

29 Apr 2019

The Supreme Court dismissed an appeal against the High Court's refusal to reject a plaint under Order VII Rule 11 CPC in a testamentary case. The disp...

High Court

High Court of Karnataka Hears Regular First Appeals Against Trial Court's Part-Decreed Partition Suit. Appeals Challenge Findings on Validity of Wills and Codicils Executed by Parents in Dispute Over Joint Family Properties.

6 Mar 2023

The case involved two regular first appeals under Section 96 of the Code of Civil Procedure, 1908, filed against the judgment and decree dated 03.01.2...

High Court

Bombay High Court Upholds Validity of Section 28A(1) of Maharashtra Civil Courts Act, 1869 in Probate Reference. Section 28A(1) is not inconsistent with Indian Succession Act, 1925, and Civil Judges can be invested with probate jurisdiction.

5 Jun 2017

This judgment arises from a reference under Section 113 of the Code of Civil Procedure, 1908, made by the learned Joint Civil Judge, Senior Division, ...

High Court

Bombay High Court Construes Will Provisions Under Indian Succession Act to Determine Nature of Bequests. The Court Examined Whether Bequests to Daughter Were Absolute or Held in Trust for Minor Granddaughter Until Majority.

12 Dec 2006

This group of five appeals before the Bombay High Court concerned the construction of the last will and testament of one Pilloo M. Ghaswala. The testa...

High Court

Bombay High Court Dismisses Application to Dismiss Probate Suit in Testamentary Dispute Over Missing Original Will. Court holds that probate of a copy of a Will is permissible under Section 237 of the Indian Succession Act, 1925, and that procedural objections regarding amendment of petition are not maintainable after finality.

5 Feb 2015

The case involves a testamentary suit for probate of a Will allegedly dated 17th June 2009 of Snehalata Nevatia, the mother of the defendant, Dileep B...

High Court

Bombay High Court (Goa Bench) Allows Petition for Succession Certificate by Civil Court in Goa — Indian Succession Act Not Extended to Goa, Civil Court Competent to Grant Certificate. The Court held that the Civil Judge Senior Division has jurisdiction to entertain applications under Section 372 read with Section 370 of the Indian Succession Act, 1925 for grant of Succession Certificate, as the Act has not been brought into force in Goa and the Civil Court dealing with inventory proceedings is the competent forum.

1 Aug 2024

The petitioners, who are non-Goan Hindus, filed an application before the Civil Judge Senior Division, Bicholim, for grant of a Succession Certificate...

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