Search Results for "Execution Proceedings"

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Bombay High Court Grants Probate of Will Dated 12 December 1996 in Testamentary Suit — Will Proved to be Genuine and Duly Executed. Court holds that attesting witnesses' testimony and dismissal of caveats establish the will as the last testament of the deceased.

The present Testamentary Suit was filed by the Plaintiffs, who are executors named in the Will dated 12th December 1996 of Yashwantilika Narottamdas D...

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Bombay High Court Upholds Maintenance Tribunal's Order Declaring Gift Deeds Void Under Senior Citizens Act, 2007. Son's Failure to Provide Basic Amenities to Father Constitutes Neglect Under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The petitioner, Nitin Rajendra Gupta, challenged an order dated 31 October 2022 passed by the Maintenance Tribunal under the Maintenance and Welfare o...

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Bombay High Court Allows Second Appeal in Suit for Injunction — Concurrent Findings Set Aside as Perverse. The Court Held That the Appellate Court Failed to Appreciate Evidence and the Findings Were Contrary to Pleadings, Warranting Interference Under Section 100 CPC.

The appellant, Kashinath s/o Bala Bakale, filed a second appeal against the judgment and decree of the District Court, Aurangabad, which confirmed the...

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Bombay High Court Dismisses Probate Suit Challenging Will on Grounds of Suspicious Circumstances and Lack of Testamentary Capacity. Will dated 9th March 1981 held not duly executed and attested as required under Section 63 of the Indian Succession Act, 1925.

The case concerns a testamentary suit filed by Sulochana Dinanath Tarkar (since deceased, represented by her sons Sunil and Harish) seeking Letters of...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Award Holder Against Award Debtor. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 for Non-Compliance, Incapacity, Natural Justice, and Public Policy.

The case concerns the enforcement of a foreign arbitral award dated 17th January, 2011 passed in London, UK, in favor of Vitol S.A. (the award holder)...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved and Suit Barred by Limitation. The court upheld concurrent findings that the plaintiff failed to prove the agreement and the suit was time-barred under Article 54 of the Limitation Act, 1963.

The appellant, Manohar Pamandas Jani, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decre...

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Bombay High Court Dismisses Appeal in Specific Performance Suit, Holds Obligation to Deliver Possession Inherent in Agreement of Sale. Absence of Express Stipulation in Agreement for Possession Does Not Bar Decree for Delivery Under Section 55(1)(f) of Transfer of Property Act, 1882.

The dispute arose from an agreement to sell dated 12.03.1997 for agricultural land. The respondent-plaintiff filed a suit for specific performance all...

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High Court of Bombay Adjudicates Writ Petition Against MMRDA Regarding Levy of Additional Premium on Leasehold Land. Petitioner Assails Demand Notice as Contrary to Lease Agreement and Arbitrary.

The Writ Petition was instituted challenging the Demand Notice dated 9th September 2014 issued by Respondent No.1 – Mumbai Metropolitan Region Devel...