Search Results for "Evidence affidavit"

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Search Results for "Evidence affidavit"

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High Court

Bombay High Court Upholds Trial Court's Order Allowing Oral Evidence in Temporary Injunction Proceedings Under Order 39 Rule 1 CPC. The Court has inherent jurisdiction to permit oral evidence for just and effective adjudication of interim injunction applications.

27 Apr 2018

The petitioner, Babulal Onkardas Kabra, was the original defendant in a suit filed by the respondents, Nilesh, Shailesh, and Rakesh Pukhraj Rathod, in...

High Court

Bombay High Court Grants Probate of Will in Testamentary Suit, Upholds Execution Despite Handwritten Additions and Suspicious Circumstances. Propounders Discharged Burden of Proof Under Section 63 of Indian Succession Act, 1925 by Examining Attesting Witness and Explaining Circumstances.

9 Jun 2016

The plaintiffs, Kirit N. Damania and Shantaram V. Pikale, executors named in the Will of Shashikala Baburao Alandkar, sought probate of the Will dated...

High Court

Bombay High Court Allows Production of Additional Documents in Commercial Summary Suit Under Order XI Rule 5 CPC — Inadvertence and Lack of Coordination Constitute Reasonable Cause. The Court held that the Plaintiff established reasonable cause for non-disclosure of balance sheets and emails that were referred to in the plaint and evidence but not annexed, and permitted their production subject to costs.

3 Feb 2025

The Plaintiff, Saffron Developers Pvt. Ltd., filed a Commercial Summary Suit (No. 113 of 2019) against Premchand Resorts and Apartments and others for...

High Court

Bombay High Court Allows Appeal Against Railway Claims Tribunal Order Dismissing Compensation Claim Due to Affidavit Language Issue. Tribunal Directed to Decide Claim on Merits Considering All Evidence and Principles of Natural Justice Under Section 18 of Railway Claims Tribunal Act, 1987.

14 Sep 2015

The appellant, Shilabai wd/o Raghunath Hemne, lost her husband in a railway accident on 04.10.2002. She filed a claim for compensation under Section 1...

High Court

Bombay High Court Dismisses Probate Petition for Will Allegedly Executed by Father, Finding Suspicious Circumstances and Lack of Proof of Execution and Attestation. Will dated 21st November 1992 propounded by son fails as attesting witness not examined and execution not proved beyond reasonable doubt under Section 63 of Indian Succession Act, 1925.

8 Jul 2016

The plaintiff, Shirish Popatlal Shah, filed a petition for Letters of Administration with Will Annexed in respect of a Will dated 21st November 1992 a...

High Court

Karnataka High Court Upholds Trial Court's Order Allowing Plaintiff to Adduce Evidence in Commercial Suit, Finding No Perversity or Jurisdictional Error. Order Passed Under Order 18 Rule 4(1B) CPC Not Violative of Embargo When Sufficient Cause Shown.

11 Sep 2023

The dispute arose from a commercial summary suit (Commercial O.S. No. 1/2018) filed by a Class-I contractor before the Commercial Court at Raichur aga...

Supreme Court

Supreme Court Dismisses Appeals as Fraudulent Due to Fabricated Vakalatnama and Forgery of Appellant's Signature. Court Initiates Contempt Proceedings Against Advocates and Notary for Misusing Legal Process to File SLP Without Appellant's Consent.

3 Sep 2024

The Supreme Court dealt with two appeals purportedly filed by Bhagwan Singh challenging a High Court order quashing criminal proceedings and a subsequ...

High Court

Bombay High Court Allows Chamber Summons for Disclosure of Assets in Execution of Arbitral Award - Judgment Creditor Entitled to Examine Judgment Debtor's Guardian Under Order 21 Rule 41 CPC. Court directs guardian of lunatic judgment debtor to disclose assets and produce documents but declines arrest at this stage.

6 Sep 2013

The applicants, M/s. LA'Builde Associates, a partnership firm, were judgment creditors under an arbitral award dated 22nd April 2004 passed by sole ar...

High Court

Bombay High Court Grants Probate of Will in Testamentary Suit Despite Caveat by Daughter Alleging Forgery and Undue Influence. The court held that the propounder proved due execution and attestation under Section 63 of the Indian Succession Act, 1925, and the caveator failed to establish any suspicious circumstances.

29 Oct 2013

The plaintiff, Nelson D'Souza, filed a petition for probate of the last Will and Testament of his father, Domnic D'Souza, who died leaving behind a wi...

High Court

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.

25 Sep 2014

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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