Search Results for "Evidence affidavit"

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Search Results for "Evidence affidavit"

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High Court

Bombay High Court Allows Amendment of Written Statement in Commercial Suit — Defendant No.4 Granted Leave to Amend Defence to Include Additional Grounds of Challenge to Agreement. Court holds that amendments to written statement are permissible under Order VI Rule 17 CPC even after commencement of trial, provided no prejudice is caused to the plaintiff, and that the test for allowing amendment is more liberal for written statements than for plaints.

6 Feb 2019

The present chamber summons was filed by Defendant No.4, Sahrish Constructions Private Limited, seeking leave to amend its written statement in a comm...

High Court

Bombay High Court Grants Probate of Will and Codicil in Favor of Executors Despite Caveat by Son — Execution and Attestation Proved Under Section 63 of Indian Succession Act, 1925. The court held that the Will and Codicil were duly executed and attested, and the caveator's allegations of undue influence and lack of testamentary capacity were not substantiated.

11 Jun 2014

The plaintiffs, being three of the executors named in the last Will and Testament dated 16th June, 1999 and a Codicil dated 23rd July, 2001 of Sorabji...

High Court

Bombay High Court Dismisses Probate Petition in Testamentary Suit No. 13 of 1994 — Will Not Proved Due to Suspicious Circumstances. Propounders Failed to Discharge Burden of Proving Due Execution Under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

13 Aug 2013

The plaintiffs, Harish Vithal Kulkarni and Shivanand Vishwanath Warty, claiming to be executors under a Will dated 11th October, 1991 of Mahadeo Sabni...

High Court

Bombay High Court Dismisses Plaintiffs' Revision and Writ Petition in Property Dispute. Trial Court's Refusal to Allow Recall of Witness and Amendment of Plaint Upheld as No Jurisdictional Error or Material Irregularity Found.

19 Dec 2022

The judgment arises from a property dispute between the Plaintiffs (Jitendra Velji Faria and another) and the Defendants, including the Municipal Corp...

High Court

Bombay High Court Dismisses Suit for Letters of Administration in Will Dispute Due to Suspicious Circumstances and Lack of Proof of Due Execution. Will propounded by sons from second wife held not proved as last Will of deceased Vithal Gunduji Rananavare.

16 Jun 2023

The present Testamentary Suit was filed by Dr. Ravindra alias Satish Vithal Rananavare (since deceased) and Devendra alias Sanju Vithal Rananavare, so...

High Court

Bombay High Court Dismisses Probate Suit as Attesting Witnesses Deny Testator's Presence During Execution. Will Not Proved in Solemn Form Due to Non-Compliance with Section 63(c) of Indian Succession Act, 1925.

10 Feb 2017

The dispute concerned the estate of Sahadev Deraj Shah, who died on 5th January 1998. His second wife, Shobhana, and the executors propounded a Will d...

High Court

Bombay High Court Dismisses Testamentary Suit for Letters of Administration; Will Not Validly Executed Due to Suspicious Circumstances and Undue Influence. Holograph Will Dated 20 March 1980 Not Proved Under Section 69 of Indian Evidence Act, 1872; Propounder Failed to Remove Suspicious Circumstances.

25 Jun 2019

The testamentary suit originated from a petition filed by the son of the deceased seeking Letters of Administration with the Will dated 20 March 1980....

High Court

Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

20 Dec 2013

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...

High Court

KAHC010059832012_1

21 Jun 2016

The available text of the judgment only includes the list of parties in W.P.No.27674/2012 and connected cases, filed as a Public Interest Litigation b...

High Court

Bombay High Court Dismisses Amendment Application in Suit for Possession and Mesne Profits Due to Inordinate Delay and Lack of Due Diligence. Amendment to Written Statement Seeking to Introduce Adverse Possession Defence After 22 Years and After Evidence Closed Held to Be Highly Prejudicial and Not Necessary for Determination of Real Controversy Under Order 6 Rule 17 of Code of Civil Procedure, 1908.

30 Nov -0001

The judgment arises out of a Chamber Summons filed by the defendant in a pending suit for possession and mesne profits. The plaintiff, Banganga Cooper...

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