Search Results for "witness incapacity"

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Gujarat High Court Partly Allows Insurance Company's Appeal, Reduces Interest Rate in Motor Accident Claim. Claimant's compensation of Rs.19,08,550 upheld but interest reduced from 9% to 7.5% per annum under Section 173 of Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 18.06.2011 when the claimant, a pedestrian, was hit by a tanker bearing registration No. GJ-6-V...

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Bombay High Court Enforces Foreign Arbitral Award in Favour of Assignee Under Part II of Arbitration and Conciliation Act, 1996. Assignment of Contractual Rights and Arbitration Agreement Valid Under Sudanese Law; Respondent's Public Policy Challenge Rejected.

The petitioner, Neilan International Co Ltd, a Sudanese company, sought enforcement of a foreign arbitral award dated 27 September 2018 passed by the ...

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Bombay High Court Allows Arbitration Petition and Appoints Sole Arbitrator in Equipment Supply Dispute — Respondent's Failure to Appoint Arbitrator Justifies Court Intervention. Existence of Arbitration Clause Confirmed; Court's Role Limited to Section 11(6) of Arbitration and Conciliation Act, 1996.

The petitioner, Master Drilling India Private Limited, entered into an Equipment Supply Agreement dated 01.10.2021 with the respondent, Sarel Drill & ...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine and Enforceable Due to Lack of Credible Evidence and Discrepancies in Pleadings.

The appellant, Harish, filed a suit for specific performance of an agreement to sell dated 05.12.2008 allegedly executed by the respondents in his fav...

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Bombay High Court Dismisses Probate Suit Challenging Will on Grounds of Suspicious Circumstances and Lack of Testamentary Capacity. Will dated 9th March 1981 held not duly executed and attested as required under Section 63 of the Indian Succession Act, 1925.

The case concerns a testamentary suit filed by Sulochana Dinanath Tarkar (since deceased, represented by her sons Sunil and Harish) seeking Letters of...

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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.

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

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Bombay High Court Grants Probate of Will in Testamentary Suit — Execution and Attestation Proved Despite Suspicious Circumstances. Handwriting Expert and Attesting Witness Evidence Accepted to Establish Validity of Will Under Section 63 of Indian Succession Act, 1925.

The suit was filed by Vibhushit Trivedi, the sole surviving executor, seeking probate of the last Will and testament of Chhotalal Karunashankar Trived...