Search Results for "affidavit not affirmed"

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Search Results for "affidavit not affirmed"

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Supreme Court

Supreme Court Allows Appeals by State Bank of India in Jet Airways Insolvency Case — Holds Performance Bank Guarantee Cannot Be Adjusted Against Resolution Plan Payment and Non-Implementation Leads to Liquidation. The Court ruled that the SRA's failure to pay airport dues and employee dues constituted non-implementation of the Resolution Plan under Section 33(3) IBC, 2016, and the PBG cannot be set off against the first tranche payment.

13 Nov 2024

The case pertains to the Corporate Insolvency Resolution Process (CIRP) of Jet Airways (India) Limited, initiated by State Bank of India (SBI) under S...

High Court

Bombay High Court Dismisses Probate Suit for Alleged Will of 1975 Due to Non-Prosecution and Failure to Prove Execution. The court held that the propounder must prove due execution and attestation under Section 63 of the Indian Succession Act, 1925, and failure to lead evidence results in dismissal.

10 Oct 2017

The suit was filed by the plaintiffs, who were great grandsons and other relatives of the deceased, seeking probate of an alleged Will dated 3rd Janua...

High Court

Bombay High Court Allows Withdrawal of Affidavit in Lieu of Examination-in-Chief Before Cross-Examination — Affidavit Not Part of Record Until Verification. Typographical Error in Affidavit Does Not Bar Withdrawal Under Order 18 Rule 4 CPC as Affidavit Becomes Evidence Only After Deponent Enters Witness Box.

19 Jul 2017

The petitioner, Digambar Ramchandra Bawaskar, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging an order dated 5.12.20...

High Court

Bombay High Court Dismisses Election Petition for Lack of Material Facts in Recount Application. Allegations of Improper Counting Must Be Supported by Specific Averments Under Section 83 of the Representation of the People Act, 1951.

22 Sep 2016

The case involves an election petition filed by Rashmi Digambar Bagal challenging the election of Narayan Govindrao Patil from the 244 Karmala Assembl...

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...

High Court

Bombay High Court Allows Expungement of Irrelevant Portions from Affidavit of Examination-in-Chief in Testamentary Suit — Irrelevant and Prejudicial Statements Struck Out to Ensure Fair Trial. The court held that portions of an affidavit that are not relevant to the issues in the suit and are likely to prejudice the trial must be expunged under the Indian Evidence Act, 1872.

10 Jun 2014

The applicant, Mrs. Mahabanoo Navroz Kotwal, filed a testamentary petition for probate of the alleged last Will and Testament of Nergish Keki Cassad, ...

High Court

Bombay High Court Allows Executor's Application for Probate in Will Dispute — Caveat Dismissed for Lack of Interest. Court held that a caveator claiming under an unproduced Will has no caveatable interest under Section 284 of the Indian Succession Act, 1925.

23 Aug 2013

The case involves a Notice of Motion filed by Daya Subhash Tiwari, the applicant and original petitioner in a probate petition, seeking dismissal of a...

High Court

Bombay High Court Dismisses Application for Recalling Witness in Election Petition — No Power to Recall Witness After Cross-Examination Under CPC and Representation of the People Act, 1951. The court held that Order XVIII Rule 17 CPC does not permit recall of a witness for further cross-examination after discharge, and inherent powers under Section 151 CPC cannot be invoked to circumvent specific provisions.

30 Nov -0001

The case arises from an election petition filed by Ravindra Ramji Mundhe (petitioner) challenging the election of Avadhoot Anil Tatkare (respondent No...

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...

High Court

Bombay High Court Dismisses Application for Withdrawal of Suit by Legal Representatives in Property Dispute — Held That Executors of Deceased Plaintiff's Will Are Necessary Parties and Suit Cannot Be Withdrawn Without Their Consent

30 Nov -0001

The case involves a Notice of Motion filed by H.H. Jyotiraditya Madhavrao Scindia and Smt. Madhavi Raje Madhavrao Scindia, who are legal representativ...

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