Search Results for "presumptive clause"

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Madras High Court Examines Union's Writ Against AFT Order Allowing Disability Pension. Dispute Centers on Whether AFT Correctly Applied Dharamvir Singh Precedent to Overrule Ministry's Finding of Non-Attributability.

The Union of India filed this writ petition under Article 226 of the Constitution of India to quash the order of the Armed Forces Tribunal (AFT), Chen...

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High Court of Madras Considers Writ of Certiorari Against Armed Forces Tribunal's Order Granting Disability Pension Under Pension Regulations. Union of India Argues That Post-2008 Regulations Remove Presumptions, and Dharamvir Singh Decision Based on Old Rules Is Inapplicable.

The Union of India, through the Ministry of Defence, filed a writ petition under Article 226 of the Constitution of India before the High Court of Jud...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings. Court holds that second wife and her children are entitled to share in joint family property as coparceners under Hindu Succession Act, 1956.

The case involves a partition suit filed by the first wife and her daughters against the husband and his second wife and children. The trial court and...

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High Court of Karnataka Hears Regular First Appeals Against Common Judgment in Suits for Declaration and Partition. Appeals Challenge Decrees Dismissing Declaration Suit and Decreeing Partition Suit in Favor of Claimed Adopted Son.

The dispute arose between Murudavva, widow of Channabasanagouda Patil, and Veeranagouda, who claimed to be the adopted son of the couple. Channabasana...

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Bombay High Court Dismisses Testamentary Petition for Probate Due to Lack of Jurisdiction and Non-Prosecution. The court held that the petitioner failed to establish the deceased's domicile in Maharashtra and did not pursue the petition diligently, resulting in dismissal.

The case involves a testamentary petition filed by Arnold Samson of Sweden, claiming to be the only son and sole heir of the deceased, seeking probate...