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High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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Supreme Court Allows Revocation of Probate in Will Case Due to Fraud and Non-Issuance of Citation. Probate Granted Without Notice to Legal Heir Set Aside as Obtained by Suppression of Facts and Forged No-Objection Certificate.

The appeal arose from a judgment of the Calcutta High Court dismissing an application for revocation of probate. The appellant, Manju Puri, daughter o...

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Bombay High Court Upholds Will Validity in Testamentary Suit — Letters of Administration Granted to Plaintiff. Court finds that the will dated 25th August 1994 was validly executed by the deceased testator and that the caveatrix failed to prove fraud, undue influence, or misrepresentation.

The case concerns a testamentary suit filed by the plaintiff, Charulata @ Renuka Haresh Lulla, seeking letters of administration with the will of the ...

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Bombay High Court Dismisses Petition in Property Dispute Between Near Relations — Upholds Concurrent Findings of Courts Below. Adverse Possession Claim Fails as Petitioner Failed to Prove Hostile Possession and Ouster of True Owner.

The dispute pertained to a property tussle between near relations. The petitioner, M/s Jwel Buildcon Pvt. Ltd., claimed title by adverse possession ov...

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Bombay High Court Dismisses Appeal Against Order for Evidence Recording in Testamentary Dispute — Order Not a Judgment Under Clause 15 of Letters Patent. Preliminary Objection Upheld as Impugned Order Did Not Decide Substantive Rights of Parties.

The appeal arose from an order dated 30 August 2011 of a learned Single Judge of the Bombay High Court in a testamentary matter. The background involv...

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Bombay High Court Allows Appeal in Provident Fund Nomination Dispute — Nominee Entitled to Receive Amount as Trustee for Heirs. Joint Nomination Creates Co-Trusteeship Under Employees' Provident Funds Act, 1952.

The appellant, Antonio Joao Fernandes, filed a suit claiming 50% of the provident fund amount of his deceased cousin Joazinho Dias, who had nominated ...