Search Results for "testamentary court"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "testamentary court"

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High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for partition dismissed as plaintiff failed to prove joint family property and possession; no substantial question of law arose.

21 Jun 2024

The present second appeal was filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) by the defendant No.1 challenging the judgment and de...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in Dacoity and House Trespass Case — No Evidence of Abetment by Respondent. The court upheld the acquittal of respondent no.2 for offences under Sections 452 and 395 read with Section 109 IPC, finding no credible evidence that she abetted the alleged dacoity and house trespass.

3 Jan 2020

The appellant, Vipin Shantilal Shah, filed a criminal appeal against the judgment and order dated 6 June 2002 passed by the Additional Sessions Judge,...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Revoke Probate — Consent to Probate Bars Subsequent Challenge to Will's Genuineness. Failure to Administer Estate Does Not Warrant Revocation of Probate; Remedy Lies in Removal of Executor.

22 Jul 2013

The appeal arose from an order of a learned Single Judge of the Bombay High Court dismissing a Miscellaneous Petition for revocation of probate grante...

High Court

Bombay High Court Grants Temporary Injunction for Restoration of Possession in Suit for Specific Performance and Possession — Plaintiff Establishes Prima Facie Case and Balance of Convenience in His Favor.

13 Oct 2025

The plaintiff filed an interim application seeking temporary injunction for restoration of possession of the suit premises during the pendency of the ...

High Court

High Court of Karnataka Allows Appeal in Succession Certificate Case — Impleadment of Second Wife Held Necessary for Complete Adjudication. Order I Rule 10(2) CPC permits impleadment of a person whose presence is essential for effective determination of rights in a succession certificate proceeding under Section 372 of the Indian Succession Act, 1925.

22 Jan 2025

The appellant, Smt. Annapurna, claiming to be the second wife of the deceased Kantesh Khandagale, filed an application under Order I Rule 10(2) read w...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit Based on Hindu Widow's Remarriage Act, 1856 — Uterine Brother Cannot Claim Share Through Mother Who Remarried. Section 2 of the Hindu Widow's Remarriage Act, 1856 divests a widow of all rights in her deceased husband's property upon remarriage, and a child born from the second marriage cannot claim inheritance through the mother from the first husband's estate.

9 Apr 2024

The present appeal arises out of a suit for partition instituted by Thiyyer Kunnath Meethal Chandu (Chandu) claiming 8/20 shares in a suit property si...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application Under Order VII Rule 11 CPC in Suit for Specific Performance. Court Holds That Agreement to Sell Need Not Be Registered Under Maharashtra Stamp Act for Purposes of Order VII Rule 11 CPC, and That Questions of Limitation and Valuation Are Mixed Questions of Fact and Law Not Decided at Threshold.

28 Mar 2023

The petitioner, Vijay Shivram Pathare, filed a Civil Writ Petition under Article 227 of the Constitution of India challenging the order dated 8th Augu...

High Court

Bombay High Court Allows Partition Suit in Family Property Dispute — Plaintiff Entitled to 1/5th Share. Co-owner's Right to Partition Upheld Despite Unproven Allegations of Oral Partition and Will.

1 Feb 2019

The suit was filed by Indira Rajguru, a resident of the United Kingdom, against her brothers and sister (defendants) for partition and separate posses...

High Court

Karnataka High Court Allows Partition Appeal by Divided Son in Hindu Joint Family Property Dispute. Son who separated from father prior to 1956 is entitled to share in ancestral property as per Mitakshara law and Hindu Succession Act, 1956.

7 Jul 2021

The case involves two regular first appeals (RFA No.100007/2014 and RFA No.100028/2014) arising from a common judgment and decree dated 25.10.2013 pas...

High Court

Bombay High Court Dismisses Petition Challenging Concurrent Findings in Ex-Parte Decree Setting Aside Application — Liberal Approach Not Warranted Without Sufficient Cause. The court upheld the concurrent findings that the petitioner's reasons of illness, son's illness, and daughter's marriage were insufficient to explain the delay and absence, and no interference under Article 227 was warranted.

30 Jan 2018

The petitioner, Ujwal Chandrashekhar Belapurkar, filed a Writ Petition under Article 227 of the Constitution of India challenging the order dated 11th...

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