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Bombay High Court Dismisses Probate Suit as Attesting Witnesses Deny Testator's Presence During Execution. Will Not Proved in Solemn Form Due to Non-Compliance with Section 63(c) of Indian Succession Act, 1925.

The dispute concerned the estate of Sahadev Deraj Shah, who died on 5th January 1998. His second wife, Shobhana, and the executors propounded a Will d...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Proof of Demand and Acceptance of Bribe. Conviction under Sections 7, 13(1)(d) of Prevention of Corruption Act, 1988 set aside as prosecution failed to establish demand and acceptance beyond reasonable doubt.

The appellant, Mahesh Ramesh Jadhav, was convicted by the Special Judge, Amalner, for offences under Sections 7 and 13(1)(d) of the Prevention of Corr...

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Bombay High Court Considers Application for Appointment of Receiver in Partition Suit. Notice of Motion Seeks Interim Relief for Joint Family Properties Allegedly Misappropriated by Co-Owners.

The plaintiff filed a suit for declaration that he is entitled to a 1/10th share in the assets and properties of the joint family and for partition by...

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High Court Dismisses Applicants Revision Applications Against Multiple Borrowers in Loan Recovery Case Due to Procedural Deficiencies and Lack of Jurisdictional Error

The High Court dismissed a series of Civil Revision Applications filed by Applicant challenging the dismissal of its applications for restoration of s...

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High Court of Karnataka Hears Second Appeal Against Concurrent Findings of Lower Courts in Suit for Declaration of Title and Possession. Dispute Involves Validity of Registered Will and Claim of Daughter as Class I Heir Over Ancestral Properties.

The dispute concerns an original suit for declaration of title and possession of agricultural and residential properties. The plaintiff claimed to be ...

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Karnataka High Court Examines Writ Petition Filed by Complainant-Wife Challenging Rejection of Further Investigation in POCSO Case. Trial Court Had Dismissed Application Under Section 173(8) CrPC Citing Investigating Officer's Discretion and Time-Barred Grounds.

The petitioner, wife of the accused, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the CrPC c...

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Bombay High Court Allows Petition Under Section 11 of Arbitration Act to Appoint Arbitrator Despite Alleged Non-Payment of Stamp Duty on Agreement. Court holds that stamp duty is a fiscal matter and not a bar to appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Lloyds Realty Developers Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment ...

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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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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Eviction Suit. Amendment to Clarify Property Description Allowed Under Order VI Rule 17 CPC as No Prejudice Caused to Tenant.

The petitioner, M/s K.T. Kubal & Company, was a tenant in a building owned by the respondent, Mujibur Rehman Haji Israr Alam Siddiqui. The respondent ...