Search Results for "1925"

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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 "1925"

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High Court

Bombay High Court Allows Appeal in Property Dispute Over Will Validity and Adverse Possession. The court held that the Will was not proved but the defendants failed to prove adverse possession, remanding for fresh consideration.

24 Jan 2005

The dispute concerns a property at Calangute known as 'Sullachi Nhat' with a house, originally owned by Joao Francisco Lobo and his wife Joanita Lobo....

High Court

Bombay High Court Dismisses Appeal Against BMC Demolition Notice for Unauthorized Construction. Notice under Section 351 of BMC Act, 1888 Held Valid as Plaintiff Failed to Prove Title or Authorization.

16 Sep 2005

The appellant, Namdev Pandurang Panchal, filed a suit seeking a declaration that a notice dated 19.10.2001 under Section 351 of the Mumbai Municipal C...

High Court

Bombay High Court Upholds Will Validity in Testamentary Suit — Letters of Administration Granted to Plaintiff. Court finds that the will dated 25th August 1994 was validly executed by the deceased testator and that the caveatrix failed to prove fraud, undue influence, or misrepresentation.

23 Jan 2013

The case concerns a testamentary suit filed by the plaintiff, Charulata @ Renuka Haresh Lulla, seeking letters of administration with the will of the ...

High Court

Bombay High Court Allows Second Appeals in Property Suit — Concurrent Findings Set Aside Due to Non-Application of Mind by First Appellate Court. First Appellate Court Failed to Independently Re-Appreciate Evidence, Rendering Its Judgment Perverse and Liable to Be Set Aside Under Section 100 of the Code of Civil Procedure, 1908.

30 Nov -0001

The present matter involves two second appeals arising from a property dispute between the appellants, Bhagirathibai and Wanmala, and the respondents,...

High Court

Bombay High Court Dismisses Revision in Slum Property Dispute — City Civil Court Has Jurisdiction. Court holds that suit for declaration and injunction regarding slum premises is not barred by Section 28 of Maharashtra Slum Areas Act, 1971, as the bar applies only to eviction suits.

29 Apr 2013

The case involves two Civil Revision Applications challenging an order dated 23/07/2012 passed by the learned Judge of the City Civil Court, Greater M...

High Court

Bombay High Court Allows Appeal Setting Aside Probate Due to Suspicious Circumstances — Propounder Failed to Discharge Burden of Proof Under Section 63 of Indian Succession Act, 1925. The court found discrepancies in execution and the propounder's active role in making the will, which were not explained.

26 Jun 2013

The appeal arose from a judgment of a Learned Single Judge granting probate of an alleged will of Ramchandra Marutirao Sawant. The testator died on 1 ...

High Court

Bombay High Court Upholds Probate of Will Despite Death of Attesting Witnesses — Secondary Evidence Sufficient to Prove Execution. Court holds that when both attesting witnesses are dead, their signatures can be proved by other evidence under Section 69 of the Indian Evidence Act, 1872, and the will can be admitted to probate if the propounder proves due execution and testamentary capacity.

1 Jul 2013

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court holding that the last will and testament of Sebastian John D'Souz...

High Court

Bombay High Court Allows Impleadment of Beneficiary in Probate Revocation Petition — Natural Justice Requires Hearing for Affected Parties. The court held that a beneficiary under a Will is a necessary and proper party to a revocation petition as their rights would be directly affected by the revocation of probate.

9 Jul 2013

The Bombay High Court allowed a Chamber Summons filed by Pradeep Manek Shahani seeking his impleadment as respondent no.2 in Misc. Petition No. 87 of ...

High Court

Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

26 Jul 2013

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

28 Aug 2013

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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