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Bombay High Court Dismisses Appeal Against Grant of Probate — Secondary Evidence of Will Held Admissible Despite Non-Production of Original. Attestation Proved Through Scribe's Son and Attesting Witness's Daughter; Delay and Exclusion of Heirs Not Suspicious.

The present appeal was filed under Section 96 read with Order 41 of the Code of Civil Procedure, 1908 by the original Opponents against the judgment d...

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Supreme Court Dismisses Appeal of Navneet Kaur in Caste Certificate Fraud Case — Upholds High Court's Quashing of Caste Validity Certificate. Caste Claim of 'Mochi-Scheduled Caste' Based on Forged Documents and Inconsistent with Presidential Order, 1950 for Maharashtra.

The present appeals arise from a common judgment of the Bombay High Court which quashed the caste validity certificate issued to the Appellant, Navnee...

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Supreme Court Allows Appeal in Partition Suit — School Leaving Certificate Not Properly Proved Under Section 35 Evidence Act. Release Deed Executed by Major Plaintiff Valid Despite Absence of Fraud or Coercion.

The case involves a partition suit filed by C. Jayarama Reddy (plaintiff) against his three brothers (defendants 1-3) and subsequent purchasers (defen...

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Bombay High Court Dismisses State Appeal in Land Acquisition Compensation Case — Enhancement to Rs.2000 per Acre Upheld. Reference Court's reliance on photocopies of sale deeds held permissible as they were admitted without objection and proved by claimant's testimony.

The State of Maharashtra appealed against the judgment of the Reference Court dated 30/03/1992, which enhanced compensation for land acquired under th...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Specific Performance Dispute. Court upholds award rejecting claim for specific performance of agreement to sell immovable property, finding no grounds under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Rajesh V. Choudhary, filed Arbitration Petition No.734 of 2010 under Section 34 of the Arbitration and Conciliation Act, 1996, seeking...

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Bombay High Court Grants Interim Injunction in Share Dispute Alleging Fraudulent Transfer. Plaintiff's claim for half share in father's estate upheld pending trial due to prima facie evidence of fraudulent share transfer under Companies Act.

The plaintiff, Prabodh Jamnadas Kothari, filed a suit seeking declaration of the estate of his deceased father and his 1/2 share therein, particularly...