Search Results for "Sound Disposing Mind"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
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Search Results for "Sound Disposing Mind"

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Supreme Court

Supreme Court Reverses High Court Judgment in Property Dispute, Declaring 1985 Document as Will, Not Gift. The Court Held That the Disposition Took Effect on Death, Not in Praesenti, Under Transfer of Property Act, 1882, and That the High Court Erred in Setting Aside Concurrent Findings Without a Substantial Question of Law Under Section 100 CPC.

24 Mar 2025

The appeal arose from a property dispute between siblings over a document executed by their father in 1985. The respondent, the daughter, filed a suit...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower appellate court's modification of preliminary decree granting 1/3rd share to plaintiff and 2/3rd share to defendant, rejecting appellant's claim of exclusive ownership based on oral partition.

6 Mar 2024

This regular second appeal was filed by the 1st defendant, Sri Janardhan S/o Shivappa Naik, challenging the judgment and decree dated 15.07.2006 passe...

High Court

High Court of Karnataka Dismisses Second Appeals in Partition Suit, Upholding Concurrent Findings on Joint Family Property and Adverse Possession. The court held that the appellants failed to prove exclusive title and adverse possession over suit properties, and that the properties were joint family assets not subject to ouster.

29 Feb 2024

The case involves two regular second appeals filed under Section 100 of the Code of Civil Procedure, 1908, arising from a partition suit. The appellan...

High Court

Bombay High Court Clarifies Scope of Hearing at Admission Stage of Victim's Appeal Under Proviso to Section 372 Cr.P.C. — No Leave Required, Summary Dismissal Permissible After Hearing. The court held that the hearing at admission stage is not a full-fledged hearing but an opportunity to show sufficient ground for interference under Section 384 Cr.P.C.

1 Feb 2019

The Bombay High Court addressed the scope of hearing at the admission stage of an appeal filed by a victim under the proviso to Section 372 of the Cod...

High Court

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.

29 Jan 2019

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

High Court

Bombay High Court Dismisses Writ Petition Seeking Mandamus to Compel Tender Award for High Security Registration Plates. Court holds that the petitioners failed to demonstrate any legal right to compel the respondents to award the tender after the tender process was cancelled due to policy changes and pending litigation.

16 Jul 2015

The petitioners, Utsav Safety Systems Pvt. Ltd. and Rosemerta Autotech Pvt. Ltd., filed a writ petition before the Bombay High Court at Goa seeking a ...

High Court

Bombay High Court Allows Striking of Objectionable Paragraphs from Affidavit in Probate Petition — Upholds Relevancy and Confidentiality in Testamentary Proceedings. Court holds that in probate proceedings, evidence must be confined to issues of valid execution and sound state of mind under the Indian Succession Act, 1925, and extraneous allegations are liable to be struck out.

29 Oct 2013

The plaintiffs, who are executors named in the last Will and Testament of the deceased Rajendra Singh Chhatrasal Singh, filed a Testamentary Petition ...

High Court

Bombay High Court Allows Beneficiaries to Examine Attesting Witness in Will Probate Case Despite Earlier Statement Not to Lead Evidence. Court Holds That Right to Cross-Examine Own Witness Under Section 154 of Indian Evidence Act, 1872 Arises Only After Examination-in-Chief, and That Court Has Inherent Power to Permit Examination of Material Witness to Prevent Failure of Justice.

18 Oct 2013

The case arises from a testamentary suit for probate of a Will dated 9th August 1995. The plaintiffs, appointed as executors, filed a petition for pro...

High Court

Bombay High Court Allows Appeal Setting Aside Probate Due to Suspicious Circumstances — Propounder Failed to Discharge Burden of Proof Under Section 63 of Indian Succession Act, 1925. The court found discrepancies in execution and the propounder's active role in making the will, which were not explained.

26 Jun 2013

The appeal arose from a judgment of a Learned Single Judge granting probate of an alleged will of Ramchandra Marutirao Sawant. The testator died on 1 ...

High Court

Bombay High Court Grants Probate of Will in Testamentary Suit, Upholding Execution and Attestation. The court held that the propounder of the Will discharged the burden of proving due execution and attestation under Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872, and that the caveators failed to prove suspicious circumstances.

7 May 2010

The plaintiffs, two brothers and sons of the testatrix, sought probate of the Will dated 20th March 1991 executed by their mother. The defendants, the...

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