Search Results for "residuary"

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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...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "residuary"

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High Court

Bombay High Court Grants Probate of Will Dated 1977 Despite Limitation and Forgery Challenges. Executor Succeeds in Proving Due Execution and Testamentary Capacity of Testator Who Died in 1979.

2 Dec 2016

The plaintiff, Suresh Manilal Mehta, filed a petition for probate of a Will dated 16th March 1977 allegedly executed by Rameshchandra Jamnadas Dalal (...

High Court

High Court of Karnataka Dismisses Appeal Against Probate of Will in Succession Act Case — Upholds Will Execution Due to Lack of Suspicious Circumstances. The court held that the propounder of a Will need not prove the testamentary capacity of the testator beyond reasonable doubt, but only on a preponderance of probabilities, and that the Will was duly executed and attested.

24 Jan 2018

The case pertains to an appeal filed by Laxman Hanchinamani against the order of the Principal District Judge, Belagavi, granting probate of a Will da...

High Court

Bombay High Court Dismisses Petition Challenging Eviction Orders in Redevelopment Project Under DCR 33(7). Petitioners offered alternative accommodation on same land but challenged eviction notices; court held that once consent is given for redevelopment, eviction is lawful and challenge is not maintainable.

6 Feb 2015

The petitioners, Vijay Shantaram Mandavkar and others, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Cou...

Supreme Court

Supreme Court Allows Appeal in Income Tax Case: Subscriptions Received Under Collective Investment Schemes Held to be Capital Receipts Not Income. Peerless General Finance's Subscriptions Not Forfeited During Assessment Years, Hence Not Taxable as Income.

9 Jul 2019

The appeal arose from a dispute between The Peerless General Finance and Investment Company Ltd. (appellant) and the Commissioner of Income Tax (respo...

High Court

Bombay High Court Allows Refund of Stamp Duty for Unconsummated Transactions Under Section 49 of Maharashtra Stamp Act, 1958. Petitioner's applications for refund were within limitation period and refusal by authorities was arbitrary.

21 Sep 2023

The petitioner, Vilas Eknath Nandgude, filed six writ petitions challenging orders dated 31 December 2019 passed by the Deputy Inspector General of Re...

High Court

Bombay High Court Allows Refund of Stamp Duty for Unconsummated Transactions Under Section 49 of Maharashtra Stamp Act, 1958 — Petitioner Entitled to Refund Despite Delay in Application. The court held that the limitation period under Section 49 should be liberally construed to avoid unjust enrichment, and that the petitioner's delay in applying for refund was condonable as the transactions never materialized.

21 Sep 2023

The petitioner, Vilas Eknath Nandgude, filed six writ petitions challenging orders dated 31 December 2019 passed by the Deputy Inspector General of Re...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Succession Dispute, Upholds Male Lineal Descent Requirement. The term 'putro poutradi krome' in a wakf deed restricts mutawalliship to male descendants, and a mutawalli cannot transfer his office without express authorization in the wakf deed.

26 Sep 2019

The Supreme Court dismissed the appeal arising from a dispute over the mutawalliship of a wakf estate in West Bengal. The wakf, created by a registere...

High Court

Bombay High Court Dismisses Both Wills in Sibling Dispute Over Mother's Estate — Suspicious Circumstances and Unnatural Dispositions Lead to Rejection of Probate. Both Wills failed to prove due execution and testamentary capacity, with the court finding that the propounders did not dispel the cloud of suspicion surrounding the wills.

21 Sep 2010

The dispute in these two testamentary suits is between a brother and a sister, each claiming probate of a will allegedly executed by their mother. The...

Supreme Court

Supreme Court Dismisses Petition by Judicial Officer Seeking Reinstatement After Resignation. Transfer Found Not Illegal Under Madhya Pradesh Higher Judicial Services Transfer Policy, and Resignation Did Not Amount to Constructive Dismissal Under Constitutional and Service Law Provisions.

10 Feb 2022

The petitioner, a former Additional District and Sessions Judge in Madhya Pradesh, filed a writ petition under Article 32 of the Constitution of India...

Supreme Court

Supreme Court Allows Refund of Stamp Duty in Consumer Dispute, Overturns High Court's Limitation Bar. Stamp Duty Refund Application Not Barred by Six-Month Limitation Under Section 48(3) of Maharashtra Stamp Act, 1958 When Stamp Paper Purchased Bona Fide and Transaction Failed Due to Judicial Order from National Consumer Disputes Redressal Commission.

24 Sep 2021

The dispute originated from the appellant's booking of a residential apartment in Pune in 2014, where he paid stamp duty for an agreement to sell. A d...

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