Search Results for "Executrix"

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High Court

Bombay High Court Allows Tenant's Application for Leave to Defend in Eviction Suit — Tenant's Affidavit Disclosing Triable Issues Regarding Bona Fide Requirement and Subletting Warrants Unconditional Leave. The court held that under Order 37 Rule 3(5) CPC, leave to defend must be granted if the affidavit raises triable issues, and the tenant's claim of tenancy and lack of bona fide requirement constituted such issues.

8 Jan 2019

The plaintiff, Sushilarani Baburao Patel, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Geeta Patel...

High Court

Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

26 Jul 2013

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

High Court

High Court Dismisses Appeal in Testamentary Dispute Over Estate Administration Due to Unexplained Delay and Lack of Merit. Revocation of Probate and Letters of Administration Sought Decades After Grants, Alleging Forgery and Duress, But Court Finds Consent Via Caveat Withdrawal and Prejudice to Respondent Under Indian Succession Act, 1925.

6 Mar 2026

The appeal arose from a dispute over the estate of Narsingrao Pupala, involving his last will dated 7 March 1974, which appointed executors and bequea...

High Court

Bombay High Court Dismisses Executrix's Suit for Copyright Infringement of Song from Film 'Talash' — Plaintiff Failed to Establish Ownership of Copyright in Cinematographic Film Under Copyright Act, 1957. The court held that the plaintiff, claiming as executrix of the deceased producer, did not prove that the copyright in the song vested in the estate, as the song was composed by a third party and the producer had only commissioned the film.

8 May 2012

The plaintiff, Rupalli P. Shah, claiming to be the executrix of the last Will and testament of O.P. Ralhan (deceased), filed a suit seeking to restrai...

High Court

Bombay High Court Grants Possession to Executrix Under Will in Redevelopment Dispute — Probate Confirms Right to Flat Despite Tripartite Agreement. The court held that the petitioner, as sole executrix and beneficiary, was entitled to possession of the flat forming part of the estate, and the respondents were bound to honour the agreement entered into with the deceased.

2 Aug 2005

The petitioner, Mrs. Clara D'Souza, filed a Notice of Motion seeking a declaration that she, as the sole executrix and beneficiary under the will of t...

Supreme Court

Supreme Court Restores Revocation of Probate in Will Dispute — Testamentary Court Must Examine Execution and Suspicious Circumstances. High Court Erred in Limiting Testamentary Jurisdiction to Execution Only, Ignoring Non-Compliance with Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

21 Apr 2026

The present appeal arises from a dispute over the grant of probate of a Will dated 09.01.1976 allegedly executed by Eswaramurthy Gounder in favour of ...

High Court

Bombay High Court Allows Appeal in Succession Act Case — Discharge of Executrix Set Aside. Court holds that mere delay in filing accounts does not warrant removal of an executrix under Section 301 of the Indian Succession Act, 1925, especially when no loss or prejudice is caused to the estate.

26 Sep 2018

The appellant, Ms. Neeru Batra, was appointed as the executrix of the Will of the deceased. She filed a petition for probate, which was granted. Subse...

High Court

Bombay High Court Allows Interim Application in Suit for Declaration and Injunction — Dispute Over Ownership of Flat and Alleged Forged Power of Attorney. Court Restrains Respondent No.1 from Creating Third-Party Rights Over Flat Pending Trial, Holding That Prima Facie Case and Balance of Convenience Favor Applicant.

30 Nov -0001

The applicant, Santsaran Gursaran Advani Alias Papan Advani, filed a suit seeking declaration of ownership and permanent injunction against the respon...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application for Dismissal of Eviction Suit Based on Alleged Admission in Another Suit. Admission in Additional Written Statement in Different Suit Cannot Be Used to Dismiss Eviction Suit Under Order XII Rule 6 CPC as It Is Not Clear and Unambiguous.

6 Jul 2017

The Petitioner, Mr. Firoze Adi Vakil, as Defendant No.1B in RAE & R Suit No.744/1770 of 1992, filed a Writ Petition under Article 227 of the Constitut...

High Court

Bombay High Court Dismisses Caveat in Testamentary Suit for Lack of Caveatable Interest. Held that a caveator must have a direct interest in the estate of the deceased, and a mere relationship or expectation of inheritance does not constitute such interest under Section 283 of the Indian Succession Act, 1925.

8 Jul 2014

The judgment pertains to a testamentary suit arising from the Will of late Bharat Ladharam Asarpota, who died allegedly leaving a Will dated 15 June 1...

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