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SECOND APPEAL NO. 708 OF 2008

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Bombay High Court Dismisses Appeals in Partition Suit — Upholds Finding That Properties Were Self-Acquired. Daughters Granted Equal 1/6th Share Under Hindu Succession Act, 1956 as Father Died Intestate.

The case involves a partition suit filed by three daughters (Plaintiffs) against their brother (Defendant No.1) and others, seeking a share in propert...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Reasons Renders Judgment Invalid.

The case involves a second appeal filed by the defendants against the judgment and decree of the 9th District Judge, Nagpur, in Regular Civil Appeal N...

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Bombay High Court Considers Application for Appointment of Receiver in Partition Suit. Notice of Motion Seeks Interim Relief for Joint Family Properties Allegedly Misappropriated by Co-Owners.

The plaintiff filed a suit for declaration that he is entitled to a 1/10th share in the assets and properties of the joint family and for partition by...

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Bombay High Court Upholds Will in Testamentary Suit, Finds No Forgery or Undue Influence. Sister Propounds Will of Deceased Brother; Wife's Challenge Fails as Execution and Attestation Proved Under Indian Succession Act, 1925.

The judgment concerns two testamentary suits arising from the death of Mahendra Premchand Shah. The petitioner in Testamentary Suit No.127 of 2010, Ma...

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Bombay High Court Upholds Conviction of Accused for Murder of Brother Based on Dying Declaration and Eyewitness Testimony. Acquittal of Co-Accused Wife for Lack of Common Intention Under Section 34 IPC Upheld.

The case involves two appeals arising from the same trial court judgment. Criminal Appeal No.877 of 2008 was filed by the original accused Suresh Shri...

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Bombay High Court Dismisses Appeals by Fifteen Accused Against Conviction for Murder, Attempt to Murder and Rioting Armed with Deadly Weapons. Trial Court Convictions Under Sections 302, 307, 324, 147, 148, 149, 323, 504 IPC and Fine Imposed, While Acquittal Under Bombay Police Act Maintained.

The case arose from a family dispute over ill-treatment of the complainant's sister by her husband's family. On 20 November 2003, the complainant's si...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings of Ownership in Favor of Daughter. Claim of adverse possession by brother against sister fails as co-owner must prove ouster or denial of title.

The dispute pertains to agricultural lands and a house situated at Village Dhokawade, Taluka Alibaug, District Raigad, originally owned by Narayan Hir...