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Bombay High Court Allows Appeal in Provident Fund Nomination Dispute — Nominee Entitled to Receive Amount as Trustee for Heirs. Joint Nomination Creates Co-Trusteeship Under Employees' Provident Funds Act, 1952.

The appellant, Antonio Joao Fernandes, filed a suit claiming 50% of the provident fund amount of his deceased cousin Joazinho Dias, who had nominated ...

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Commercial Division of High Court of Karnataka Examines Claim of Joint Ownership in Property Attachment Objection Under Order XXI Rule 58 CPC. Dispute Concerns Whether Judgment Debtor Has Share in Self-Acquired Property of Father Despite Gift Deed Executed Prior to Attachment.

The matters arose from execution proceedings concerning two decrees obtained by related decree holders against a judgment debtor, a sole proprietor. T...

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High Court of Karnataka Considers Validity of Will in Partition Appeal After Handwriting Expert Finds Signatures Not of Testator. Appeal Challenges Trial Court’s Dismissal of Suit for Intestate Partition Based on Unproven Will Under Indian Succession Act.

The appeal arose from the judgment and decree dated 8.10.2009 passed by the Civil Judge (Sr.Dn.) and ACJM, Karkala, in O.S.No.134/2006, dismissing a s...

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High Court of Karnataka Considers Appeals Against Vacation of Temporary Injunction in Property Partition Dispute. Grandchildren Seek Share in Ancestral Properties Alleging Attempts to Alienate Suit Properties.

The matter pertains to two appeals filed against the order of the XIV Additional City Civil Judge, Bengaluru, dated 26 September 2019, in Original Sui...

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High Court of Karnataka Delivers Judgment in Regular Second Appeal Under Section 100 CPC Regarding Poojaraki Rights and Injunction. Appeal Filed by Defendants Against Concurrent Decrees of Lower Courts Partly Decreeing Suit for Declaration and Permanent Injunction.

The case concerned a dispute among the Bhavi family members, who are hereditary pujaris of the Prabhudev temple in Terdal, Jamakhandi. The plaintiffs,...

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Bombay High Court Full Bench Answers Reference on Entitlement of Second Wife to Family Pension under Maharashtra Civil Services (Pension) Rules, 1982. The Court examines Rule 116(6)(a)(i) in light of Hindu Marriage Act and personal laws.

The matter came before the Full Bench of the Bombay High Court upon a reference by a Division Bench to resolve the question whether the second wife of...

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Bombay High Court Grants Probate to Deceased Wife's Will in Testamentary Suit Filed by Husband. Sons' Allegations of Forgery, Undue Influence, and Mutual Will Irrevocability Fail; Court Holds Due Execution Proved Under Indian Succession Act, 1925.

The plaintiff, husband of the deceased Vilasgauri Manilal Doshi, filed a testamentary suit seeking probate of his wife’s will dated 15 April 1970. T...