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Bombay High Court Allows Second Appeal in Family Pension Dispute — Second Wife Entitled to Family Pension Despite Bigamous Marriage. Family Pension Cannot Be Bequeathed by Will as It Is a Statutory Right Under Maharashtra Civil Services (Pension) Rules, 1982.

The case involves a dispute over family pension following the death of Mahaling Ramchandra Patil, a primary teacher who died on 5 May 2001. He had mar...

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Bombay High Court Allows Second Appeal in Family Pension Dispute — Second Wife Entitled to Family Pension Under Maharashtra Civil Services (Pension) Rules, 1982 Despite Bigamous Marriage. Family Pension Cannot Be Bequeathed by Will as It Does Not Form Part of Deceased's Estate.

The case involves a dispute over family pension following the death of Mahaling Ramchandra Patil, a primary teacher who died on 5 May 2001. He had mar...

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Bombay High Court Allows Resolution Professional to Continue CIRP Under IBC Despite Pending Winding-Up Petition Under Companies Act, 1956. Leave under Section 446 of Companies Act, 1956 granted to proceed with Corporate Insolvency Resolution Process under Insolvency and Bankruptcy Code, 2016.

The judgment concerns Company Application No. 10 of 2017 filed by the Resolution Professional of Murli Industries Limited (the corporate debtor) under...

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High Court of Karnataka Delivers Judgment in Second Appeal Concerning Validity of Sale Deed of Tataguni Estate. The dispute centered on the execution and registration of a sale deed by the original owner and the alleged obstruction by her private secretary in completing the transaction.

The second appeal before the High Court of Karnataka arose from a judgment of the first appellate court which had decreed the suit of the plaintiff co...

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High Court of Karnataka Hears Appeals in Partition Suit — Defendants Challenge Partly-Decreed Judgment Under Section 96 CPC; Appeals Clubbed and Heard Together. The Division Bench Considers Whether Trial Court Rightly Granted Plaintiff Partial Relief in Suit for Partition, Declaration, and Injunction.

The judgment dealt with three Regular First Appeals preferred against the judgment and decree dated 18.11.2019 in O.S.No.90/2014 by the II Additional ...

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Bombay High Court Upholds Will Validity in Succession Dispute — Reduces Bequest to Disposable Quota Under Portuguese Civil Code. Court holds that a testator cannot bequeath entire property to one heir if it prejudices the legitimate share of other heirs under the Portuguese Civil Code, 1867.

The case involves a dispute over the estate of late Calverto Saldanha. The appellants, Mr. Rosario Xavier Arquibaldo Fernandes and Mrs. Anacleta Ferna...

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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

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Karnataka High Court Hears Appeals on Will Validity and Succession Rights Under Hindu Succession Act. Court Considers Limitation and Absolute Ownership of Widow's Property Under Section 14.

The plaintiff, daughter of late S. Venkobanna Setty, filed two suits concerning a property acquired by her father. The father married twice; the plain...

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High Court of Karnataka Allows Appeal in Insurance Nomination Dispute — Nominee Cannot Override Succession Rights Under Hindu Succession Act. Section 39 of Insurance Act, 1938 does not confer absolute title on nominee; nominee holds policy benefits as trustee for legal heirs.

The case involves a dispute between the appellant, Smt. Neelavva @ Neelamma, and the respondents, Smt. Chandravva @ Chandrakala @ Hema and her minor s...

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High Court of Karnataka Allows Appeal in Insurance Nomination Dispute — Mother of Deceased Policyholder Entitled to Insurance Proceeds as Nominee Under Section 39 of Insurance Act, 1938. Nominee is a Trustee, Not Beneficial Owner; Suit for Declaration and Injunction by Legal Heirs Not Maintainable.

The appellant, Smt. Yashodha, is the mother and nominee of the deceased policyholder, Sri Rohith S, who died intestate. The respondents, Smt. Rashmi J...