Search Results for "illiterate defendant"

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Search Results for "illiterate defendant"

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High Court

Madras High Court Allows Civil Revision Petition in Partition Suit — Sets Aside Dismissal of Application to Admit Additional Documents. Court holds that additional documents can be admitted at any stage if relevant for just adjudication, and that Order 7 Rule 14(3) CPC permits production of documents not earlier produced with due explanation.

6 Jan 2026

The case arises from a partition suit filed by the Plaintiff (Saraswathi) against her brother (first Defendant) and others. The Plaintiff claimed that...

High Court

High Court of Karnataka Dismisses Appeal in Property Dispute, Upholds Trial Court Decree for Declaration, Injunction and Possession. Court holds that plaintiff failed to prove title by adverse possession and that the suit was not barred by limitation under Article 65 of the Limitation Act, 1963.

6 Oct 2023

The case involves a property dispute where the appellant, Smt. Sarala Kalaghatagi, filed a Regular First Appeal under Section 96 of the Code of Civil ...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Will Succession — Finds Appellate Court Erred in Reversing Trial Court's Findings on Will Validity. The Court held that the first appellate court failed to consider that the plaintiffs did not challenge the will of Ambadas in favour of Kasabai and that the defendant had become owner by virtue of two valid wills.

5 Mar 2019

The dispute pertains to agricultural fields Gat No.112 and 113 situated at village Kopra Jankar. Ambadas Damodar Bhalerao, a bachelor priest, owned th...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Plaintiff Fails to Prove Daughter Status and Will Invalidity. The court upheld the concurrent findings that the appellant did not establish her filiation to the deceased tenant Bala and that the respondents proved their title under a valid will.

7 Dec 2018

The appellant, Mainabai, filed a suit for declaration that she was the daughter of Bala, that a certificate under Section 38(E) of the Hyderabad Tenan...

High Court

High Court of Bombay Allows Second Appeal in Possession Suit Based on Sale Deed — Burden of Proof on Plaintiff to Show Absence of Undue Influence When Fiduciary Relationship Exists. The court set aside the decree of the lower appellate court and remanded the matter for fresh consideration, holding that the plaintiff, being in a fiduciary relationship with the deceased illiterate vendor, had the onus to prove that the sale deed was not obtained by undue influence or fraud under Section 16 of the Indian Contract Act, 1872 and Section 111 of the Indian Evidence Act, 1872.

11 Jun 2015

The case involves a second appeal arising from a suit for possession of property based on a registered sale deed dated 04.07.1983 executed by Smt. Bha...

High Court

Bombay High Court Dismisses Probate Petition for Will Allegedly Obtained by Fraud and Undue Influence — Will Not Proved as Genuine Due to Suspicious Circumstances and Failure to Examine Attesting Witnesses.

15 Sep 2014

The case pertains to a petition for Letters of Administration with the Will of Mangesh Pandurang Rege dated 1st October 1971. The original petitioner,...

High Court

Bombay High Court Allows Second Appeal in Possession Suit — Sale Deed Prevails Over Tenancy Claim. Court holds that the defendant's registered sale deed from 1960, executed by the plaintiff's brother under a power of attorney, establishes ownership and extinguishes any landlord-tenant relationship, reversing the lower appellate court's decree for possession.

30 Jul 2014

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree dated 28.11.2003 passed by the 3rd Ad hoc Addit...

High Court

Bombay High Court Dismisses Second Appeal in Gift Deed Cancellation Suit — Concurrent Findings of Non-Execution Upheld. Gift Deed Allegedly Obtained by Fraud on Illiterate Executant; Burden of Proof Not Discharged by Donee.

31 Aug 2010

The appellant-defendant (Dattatray Narayan Aher) challenged the concurrent judgments of the trial court and first appellate court decreeing the suit f...

High Court

Bombay High Court Grants Interim Injunction in Copyright Infringement Case Over Hair Colour Product Trade Dress. L'Oreal's artistic work in label/trade dress held entitled to protection against alleged imitation by Henkel.

16 Aug 2005

The plaintiffs, L'Oreal India Pvt. Ltd. and its parent company, filed a suit seeking a permanent injunction against the defendants, Henkel Marketing I...

High Court

Bombay High Court Dismisses Impleadment Application in Property Suit — Plaintiffs Fail to Establish Prima Facie Title or Possession. Order 1 Rule 10 CPC requires direct legal interest; vague claims of possession without documentary evidence insufficient for impleadment.

30 Nov -0001

The judgment pertains to a Notice of Motion filed by the plaintiffs in a suit seeking a declaration of ownership and possession of a property. The pla...

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