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High Court of Karnataka Allows Appeal in Partition Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Separate Possession of Joint Family Property Not Barred by Limitation as Perpetual Right to Seek Partition Recognized Under Hindu Law.

The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 24.02...

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Bombay High Court Dismisses Appeal Against Grant of Probate — Secondary Evidence of Will Held Admissible Despite Non-Production of Original. Attestation Proved Through Scribe's Son and Attesting Witness's Daughter; Delay and Exclusion of Heirs Not Suspicious.

The present appeal was filed under Section 96 read with Order 41 of the Code of Civil Procedure, 1908 by the original Opponents against the judgment d...

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Bombay High Court Partially Dismisses Petition Challenging Rejection of Amendment in Partition Suit — Amendment Sought After Commencement of Trial Disallowed as It Would Change Nature of Suit Under Order VI Rule 17 CPC

The petitioner, Raju Danchand Bardia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 13th October 202...

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High Court of Karnataka Allows Wife's Revision and Enhances Maintenance in Family Dispute — Husband's Revision Partly Allowed, Review Petition Dismissed. Maintenance under Section 125 CrPC enhanced from Rs. 3,000/- and Rs. 2,000/- to Rs. 5,000/- per month each for wife and children.

The case involves three connected matters: RPFC No. 200008/2018 filed by the wife and children (petitioners) seeking enhancement of maintenance, RPFC ...

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High Court of Karnataka Enhances Maintenance for Wife and Children in Family Dispute — Husband's Revision Dismissed. Court Holds That Maintenance Under Section 125 CrPC Must Be Adequate to Prevent Destitution and Considers Husband's Income and Obligations.

The case involves three connected petitions arising from a family dispute between Sunita Bennur (wife) and Shamrao Bennur (husband), along with their ...

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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.

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

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Bombay High Court Quashes Recovery Proceedings Against Legal Heir for Company's Central Excise Dues Without Proper Adjudication. Personal Liability Cannot Be Imposed on Legal Representative Without Determining Liability Under Section 11 of Central Excise Act, 1944.

The petitioner, Vandana Bidyut Chaterjee, filed a writ petition under Article 226 of the Constitution of India challenging various notices and communi...