Search Results for "Sunni Hanafi"

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. The court held that the appellant-defendant failed to prove exclusive title by adverse possession and that the suit was not barred by limitation under Article 65 of the Limitation Act, 1963.

The dispute pertains to a partition suit filed by the original plaintiffs (respondents) seeking partition of ancestral property. The appellant, defend...

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Bombay High Court Grants Letters of Administration for Unattested Will of Sunni Muslim Testator — Section 63 of Indian Succession Act, 1925 Not Applicable to Muslims; Hanafi Law Does Not Require Attestation

The case concerns an uncontested petition for Letters of Administration with Will annexed filed in 1990, which remained pending for 31 years. The test...

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High Court of Karnataka Allows Second Appeal in Property Suit — First Appellate Court's Reversal Set Aside Due to Perverse Findings on Adverse Possession. Burden of Proof for Adverse Possession Lies on Claimant; Mere Long Possession Insufficient Under Section 100 CPC.

The present appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a judgment and decree dated 2.6.2007 passed by the Civil Judge ...

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Bombay High Court Allows Writ Petitions Challenging Indefinite Curfew Imposed Due to Burial Dispute in Mominpura Area. Court holds that curfew under Section 144 CrPC cannot be used as a permanent measure and must be proportionate to the threat.

The judgment pertains to two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench. The petit...

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Bombay High Court Dismisses Revisions in Forgery and Conspiracy Case — Discharge of Accused Upheld Due to Lack of Prima Facie Evidence. Allegations of Fabricated Documents and Insult to Religion Not Substantiated Against Accused Nos.3 to 5 Under Sections 193, 195, 465, 469, 34, 109, 120B IPC.

The judgment pertains to two criminal revision applications arising from Criminal Complaint No.4 of 2002. The complainant, Riyazuddin Ahmed, filed a c...

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Bombay High Court Dismisses Petition for Letters of Administration Due to Lack of Jurisdiction and Non-Compliance with Probate Requirements. Petitioner failed to establish that the deceased was domiciled in India and that the will was validly executed under Indian law.

The petitioner, Hameed Jaffar Ahmed Ibrahim Mandeel, filed a Miscellaneous Petition under the Testamentary and Intestate Jurisdiction of the Bombay Hi...

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Bombay High Court Allows Appeal in Succession Act Case — Will Proved in Manner Required by Law. Court holds that a will executed by a Muslim testator is governed by the Indian Succession Act, 1925, and must be proved in accordance with Section 63(c) and Section 68 of the Evidence Act, 1872.

The case involves a first appeal against the judgment and decree of the Civil Judge, Senior Division, Aurangabad, in Special Civil Suit No. 5 of 2000,...