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Bombay High Court Dismisses Appeal in Will Execution Case — Upholds Trial Court's Finding of Suspicious Circumstances. Execution of Will Not Proved as Attesting Witnesses Not Examined and Propounder Failed to Dispel Suspicious Circumstances Under Section 63 of Indian Succession Act, 1925.

The appellant, Mr. Anthony Edward D'Aguiar, filed a First Appeal before the Bombay High Court against the judgment and decree dated 30th April 2012 pa...

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Bombay High Court Upholds Life Imprisonment for Mother Who Killed Two Sons by Setting Them on Fire — Conviction Under Sections 302, 309, 323, 504 IPC Confirmed on Grounds of Clear Intent and Absence of Mental Illness Defence.

The appellant, Shakuntala Shivaji Buchade, was convicted by the Additional Sessions Judge, Kolhapur, for offences under Sections 302, 309, 323 and 504...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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Bombay High Court Dismisses Appeal by Spouse of Heir Seeking to Participate in Licitation in Inventory Proceedings. The right to bid in licitation under Article 1412 of Portuguese Civil Procedure Code, 1939 is limited to heirs and the moiety holder spouse, not extending to spouses of heirs.

The case involves an appeal from an order dated 01.02.2006 in Inventory Proceedings No.310/2004/B for partitioning the estate of Andre Andrade. The wi...

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Supreme Court Allows Auction Purchaser's Appeal in Execution Sale Dispute — High Court Erred in Invalidating Court Auction Without Setting Aside Decree. Court Auction Sale Confirmed Under Order 21 Rule 92 CPC Cannot Be Invalidated Collaterally in Absence of Fraud or Material Irregularity.

The case arises from a civil suit filed by decree holder) against judgment debtor) for recovery of ₹3,75,000 with interest. The suit was decreed ex ...

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Bombay High Court Reduces Prison Punishment for Overstaying Furlough — Cutting of Remission Modified to One Day for Each Day of Overstay. Principle of Proportionality Applied to Prison Discipline Under Prisons Act, 1894 and Prisons (Bombay Furlough) Rules, 1959.

The petitioner, Buwaji Sahadeo Hazare, a prisoner, filed a Criminal Writ Petition before the Bombay High Court challenging the prison punishment impos...

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Supreme Court Allows Appeal in Family Property Dispute — High Court Exceeded Revisional Jurisdiction by Decreeing Suit Based on Admission Without Trial. Order under Order 12 Rule 6 CPC set aside as admission must be clear, unambiguous, and not require interpretation.

The present appeal arises from a family dispute over the sale proceeds of ancestral agricultural land. The respondent No.1 (plaintiff) filed a suit fo...

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High Court of Karnataka Grants Bail to Accused No.1 in SC/ST Act Murder Case — Prima Facie Case Not Made Out Under Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act as Ingredients of Public View and Intent Not Established.

The petitioner, Shankarappa, accused No.1 in Spl.S.C.No.85/2019 arising out of Crime No.232/2019 of Chintamani Rural Police Station, filed a criminal ...