Search Results for "testamentary court"

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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 "testamentary court"

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High Court

Bombay High Court Dismisses Revision in Slum Property Dispute — City Civil Court Has Jurisdiction. Court holds that suit for declaration and injunction regarding slum premises is not barred by Section 28 of Maharashtra Slum Areas Act, 1971, as the bar applies only to eviction suits.

29 Apr 2013

The case involves two Civil Revision Applications challenging an order dated 23/07/2012 passed by the learned Judge of the City Civil Court, Greater M...

High Court

Bombay High Court Allows Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings Set Aside for Failure to Consider Adverse Possession and Limitation. The Court held that the trial court and first appellate court erred in not framing an issue on limitation and adverse possession despite evidence of long possession by the appellants, and remanded the matter for fresh consideration.

12 Mar 2020

The appellants, original defendants, filed a Second Appeal against the concurrent decrees of the trial court and the first appellate court decreeing t...

High Court

Bombay High Court Dismisses Widow's Claim Over Shares in Favor of Nominee Under Section 109A Companies Act — Nomination Confers Beneficial Ownership on Nominee to the Exclusion of Legal Heirs

20 Apr 2010

The plaintiff, Harsha Nitin Kokate, married Nitin Kokate on 3 December 2004. Her husband expired on 5 July 2007. Nitin Kokate held shares in a demat a...

High Court

Bombay High Court Allows Appeal in Tenancy Dispute — City Civil Court Lacks Jurisdiction Over Tenancy Questions Under Maharashtra Rent Control Act, 1999. Suit Involving Determination of Tenant Status After Death of Original Tenant Must Be Tried Exclusively by Small Cause Court.

23 Oct 2013

The appellant, M/s. Sanyam Realtors Private Limited (original defendant no.1), challenged the judgment and order dated 28.8.2012 passed by the learned...

High Court

Bombay High Court Dismisses Appeal Against Interim Injunction in Succession Act Proceeding — Section 41(b) of Specific Relief Act Not a Bar to Injunction Under Section 383 of Indian Succession Act, 1925

14 Aug 2015

The case involves an appeal against an interim injunction order passed by the Civil Judge (Sr.Dn.), Yavatmal, in M.J.C. No. 40 of 2014. The appellant,...

High Court

Bombay High Court Allows Family Pension to Widow Despite Bigamous Marriage Prior to Hindu Marriage Act, 1955 — Marriage Valid Under Custom, Not Void Ab Initio. The court held that a marriage performed before the Act is not void and the widow is entitled to family pension under Rule 116 of Maharashtra Civil Services (Pension) Rules, 1982.

1 Dec 2021

The petitioner, Kanta Anant Dhayarkar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking quash...

High Court

Bombay High Court Allows Landlord to Sue Unknown Heirs in Eviction Proceedings — Procedure for Service by Substituted Service and Appointment of Administrator General. The court held that a landlord may file an eviction suit against 'heirs and legal representatives, if any' of a deceased tenant when their names and addresses are unknown, and the court may direct substituted service and appoint the Administrator General to represent the estate.

11 Apr 2018

The Bombay High Court addressed a procedural dilemma faced by landlords in Mumbai when a tenant dies and the landlord is unable to identify or locate ...

High Court

Bombay High Court Allows Writ Petition Challenging Tax Recovery Proceedings Against Trust. Section 179(1) of Income Tax Act, 1961 cannot be invoked against trustees of a trust for tax dues of a company.

13 Mar 2020

The petitioners, trustees of the Ramniklal C. Laliwala Family Benefit Trust, filed a writ petition under Article 226 of the Constitution of India chal...

Supreme Court

Supreme Court Dismisses Appeals in Company Law Dispute Over Maintainability of Oppression and Mismanagement Petition. Nomination Under Section 72 of Companies Act, 2013 Vests Rights in Nominee, Excluding Legal Heirs from Claiming Shares for Petition Maintainability Under Sections 241 and 242.

6 Jul 2020

The dispute arose from a family tussle following the death of Mr. Abhey Kumar Oswal, who held significant shares in Oswal Agro Mills Ltd. and Oswal Gr...

High Court

High Court of Bombay at Goa Allows Second Appeal in RERA Registration Dispute — Development Agreement Not Required to Be Registered Under Registration Act for Project Registration. The Court held that the Goa Real Estate Regulatory Authority exceeded its jurisdiction by insisting on compulsory registration of a development agreement under Section 17 of the Registration Act, 1908, as a precondition for processing a project registration application under Sections 3 and 4 of the Real Estate (Regulation and Development) Act, 2016.

18 Jul 2026

The appellant, Edcon Real Estate Developers, a registered partnership firm, filed a Second Appeal under Section 58 of the Real Estate (Regulation and ...

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