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High Court of Judicature at Bombay Dismisses Testamentary Suit Seeking Probate of Will Due to Forgery and Undue Influence. The Court Held That the Propounders Failed to Prove Due Execution and Testamentary Capacity, and That the Earlier Charitable Will Remained Unrevoked.

This testamentary suit arose from a petition for probate of the alleged last will of Jimmy Keki Tarachand, dated 27 December 2004. The original plaint...

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Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

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Gujarat High Court Allows Appeal in Tenancy Dispute, Remands Suit for Fresh Consideration Due to Procedural Irregularities. Trial Court's Failure to Consider Evidence and Frame Issues Vitiated the Judgment Under Section 96 of Code of Civil Procedure, 1908.

The case involves a first appeal filed under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 07.04.2024 pas...

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Bombay High Court Allows Tenant's Petition in Eviction Suit Dismissed for Non-Prosecution. Dismissal of Suit for Possession Does Not Convert Tenant into Trespasser; Tenant Continues as Tenant.

The petitioners, who were tenants of a shop premises, were sued by the respondents (landlords) for possession and mesne profits. The trial court dismi...

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Bombay High Court Dismisses State's Petition Challenging Compassionate Appointment for Heirs of Employee Retired on Invalid Pension. Rule 80 Retirement and Exclusionary G.R. Held Arbitrary and Unconstitutional.

The case involves a challenge by the State of Maharashtra against an order of the Maharashtra Administrative Tribunal (MAT) allowing the original appl...