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Bombay High Court Dismisses Revocation Petition in Probate Case — Sisters of Predeceased Wife Not Heirs of Testator Under Indian Succession Act. Court holds that only kindred of the deceased, not kindred of the predeceased spouse, are entitled to citation in probate proceedings.

The case concerns a revocation petition filed by Angelina Pascoal Mendes and Philomena Pascoal Mendes (petitioners) seeking to revoke the grant of pro...

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Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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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,...

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Gujarat High Court Dismisses Lessee and Sub-Lessee's Revision Petitions Against Eviction Order in Rent Control Matter. Lease Deed Condition Permitting Lessor to Construct on Demised Land Does Not Create Tenancy Rights in Favour of Lessee After Expiry of Lease Term.

The case involves two revision applications filed by the lessee, Bharat Petroleum Corporation Ltd., and the sub-lessee, Mahendra Motors, challenging t...