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Bombay High Court Quashes Criminal Proceedings in Forgery and Cheating Case Due to Lack of Sanction Under Section 195 CrPC. Complaint Alleging Forged Medical Certificates Used for Bail Cannot Proceed Without Proper Sanction as Offences Under Sections 191-193 IPC Are Cognizable Only on Complaint by Court.

The petitioner, Rajiv S Modi, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Cr...

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Bombay High Court Dismisses Complainant's Petition Challenging Quashing of Process in Forgery Case Due to Lack of Sanction Under Section 195 CrPC. Magistrate Cannot Take Cognizance of Forgery of Document Produced in Civil Suit Without Complaint by That Court Under Section 340 CrPC.

The petitioner, Anil Anant Karkhanis, was the original complainant in Regular Criminal Case No.155 of 2003 filed before the Chief Judicial Magistrate,...

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Bombay High Court Upholds Will in Property Dispute, Dismisses Claims of Undue Influence and Lack of Testamentary Capacity. The court held that the propounder of a will must prove its execution and attestation, and once that is done, the onus shifts to those alleging undue influence or fraud.

The case involves a dispute over a property known as 'Sullachi Nhat' in Calangute, Goa, originally owned by Joao Francisco Lobo and his wife Joanita L...

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Bombay High Court Allows Appeal in Property Dispute Over Will Validity and Adverse Possession. The court upheld the validity of a Will and rejected the claim of adverse possession by co-owners, holding that possession must be hostile and with ouster to ripen into title.

The dispute pertains to a property known as 'Sullachi Nhat' in Calangute, Goa. The plaintiffs claimed title through a Will executed by Joao Francisco ...

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Bombay High Court Dismisses Appeals in Property Dispute Over Will Validity and Adverse Possession. Court upholds trial court's finding that plaintiff failed to prove execution of will and defendants failed to prove adverse possession.

The case involves a property dispute between the plaintiffs (Carlos Tavora and others) and the defendants (Maria Felicidade Fernandes e Lobo and other...

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Bombay High Court Upholds Will in Property Dispute Between Heirs and Legatee. Will dated 7.1.1997 executed by Joao Francisco Lobo in favour of plaintiff No.1 held valid, dismissing appeals by both parties.

The dispute concerns a property at Calangute known as 'Sullachi Nhat' with a house, originally belonging to Joao Francisco Lobo and his wife. Joao Fra...

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Bombay High Court Dismisses Notice of Motion in Admiralty Suit — Commissioner to Record Objections for Court Determination at Trial. Admissibility of Documents Not to Be Decided at Interlocutory Stage Under Order 18 CPC.

The plaintiffs, Oil and Natural Gas Corporation Ltd., filed an admiralty suit for recovery of Rs.8,39,14,843/- plus US $45,26,707.88 and US $12,340 wi...

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Bombay High Court Dismisses Probate Petition in Testamentary Suit No. 13 of 1994 — Will Not Proved Due to Suspicious Circumstances. Propounders Failed to Discharge Burden of Proving Due Execution Under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiffs, Harish Vithal Kulkarni and Shivanand Vishwanath Warty, claiming to be executors under a Will dated 11th October, 1991 of Mahadeo Sabni...