Search Results for "Pleading and evidence"

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High Court of Bombay Quashes Conviction of Seven Accused in Murder-Robbery Case for Non-Compliance of Section 313 CrPC. Failure to Provide Proper Opportunity to Explain Incriminating Circumstances Under Code of Criminal Procedure, 1973 Vitiates Trial.

The High Court of Bombay heard five criminal appeals arising from the conviction of seven accused under Section 396 read with Section 34 of the Indian...

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Supreme Court Allows Appeal in Specific Performance Case, Reversing High Court's Setting Aside of Concurrent Findings. High Court Erred in Holding Plaint Lacked Specific Averments Under Section 16(c) of Specific Relief Act, 1963, as Readiness and Willingness Must Be Inferred from Plaint as a Whole.

The dispute arose from an agreement to sell executed on 10.10.1976 by Ram Singh in favor of Sughar Singh for a sale consideration of Rs.56,000, with R...

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High Court of Gujarat Hears Second Appeal Challenging Partial Decree in Partition Suit — Appellants Argue Suit Barred by Limitation Due to Revenue Entry Mutation in 1983.

The matter arose from a suit filed by daughters of deceased Kachraji Aataji claiming partition of ancestral properties, specifically land bearing surv...

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Bombay High Court Allows Partition Suit in Joint Hindu Family Property Dispute — Upholds Trial Court and First Appellate Court Decrees. The court held that the plaintiff proved the existence of joint family business and properties, and the suit was not barred by limitation or res judicata.

The case involves a dispute over partition of Joint Hindu Family properties. The plaintiff, Premsukh, filed a suit for partition and separate possessi...

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Bombay High Court Allows Executor's Application for Probate in Will Dispute — Caveat Dismissed for Lack of Interest. Court held that a caveator claiming under an unproduced Will has no caveatable interest under Section 284 of the Indian Succession Act, 1925.

The case involves a Notice of Motion filed by Daya Subhash Tiwari, the applicant and original petitioner in a probate petition, seeking dismissal of a...

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High Court of Karnataka at Bengaluru Examines Challenge to Appointment of Administrator for Cooperative Bank; Petitioners Contend That Appointment by Joint Registrar on State's Instruction Lacked Independent Application and Was Invalid Under Karnataka Co-operative Societies Act, 1959.

The matter arose from two writ petitions consolidated before the High Court of Karnataka at Bengaluru. The petitioners, primary cooperative societies ...

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Bombay High Court Allows Appeal in Motor Accident Claim, Sets Aside Contributory Negligence Finding. Deceased motorcyclist hit by tempo from behind; court holds tempo driver solely negligent, enhances compensation to Rs.2,58,44,336/- with 9% interest.

The appellants, legal representatives of the deceased Anil Yadav, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging ...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...