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Search Results for "proof of execution"

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High Court

High Court of Karnataka Allows Second Appeal in Property Dispute — Sale Deed Valid Despite Non-Examination of Attesting Witness. Execution of sale deed can be proved by other evidence under Section 68 of Indian Evidence Act, 1872 when attesting witness is dead.

11 Apr 2023

The appellant-plaintiff, Sri Thammaiah, filed a suit for declaration of title and permanent injunction (later amended to possession) in respect of sui...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses. Execution of Agreement Not Duly Proved Under Section 68 of the Evidence Act, 1872, as Attesting Witnesses Were Not Examined.

29 Jun 2018

The case involves a suit for specific performance of an agreement to sell dated 01.06.2005 filed by the respondent-plaintiff (Ashish Jain) against the...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement for Sale Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

16 Sep 2016

The original plaintiff, Vijay Laxmipati Dasari (since deceased, represented by his legal heirs), filed a suit for specific performance of an agreement...

High Court

High Court of Karnataka Allows Second Appeal in Property Suit — Concurrent Findings Set Aside for Perversity. Plaintiff failed to prove sale deed execution under Evidence Act, mutation entries insufficient to establish title.

28 Jun 2016

The case involves a Regular Second Appeal filed by the defendants (appellants) against the judgment and decree of the Senior Civil Judge, Hukkeri, whi...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Appellant Fails to Prove Agreement to Sell. Trial court's finding that no agreement was executed and no advance paid upheld; appeal dismissed with costs.

12 Mar 2015

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...

High Court

Bombay High Court Dismisses Second Appeal in Will Dispute — Upholds Concurrent Findings on Execution and Attestation of Will. Court holds that suspicious circumstances surrounding execution of Will must be proved by propounder, and failure to examine attesting witness leads to adverse inference under Section 68 of Indian Evidence Act, 1872.

8 Jun 2011

The case involves a second appeal filed by the appellant, Smt. Daisy Senso alias Daisy A. Serrao, who was the original defendant no.1, against the jud...

High Court

Bombay High Court Dismisses Probate Petition in Will Dispute Due to Suspicious Circumstances and Failure to Prove Valid Execution. Will dated 17.12.1985 alleged to be executed by Joseph George Gomes was contested by caveators on grounds of undue influence and lack of testamentary capacity; court found that the propounder failed to dispel suspicious circumstances surrounding the will.

9 Nov 2006

The case concerns a testamentary petition filed by Nancy Joe Vaz (plaintiff) seeking letters of administration with the will annexed of her brother Jo...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Sets Aside Appellate Decree for Erroneous Appreciation of Evidence on Legal Necessity and Secondary Evidence. The Court held that the Appellate Court failed to properly consider the burden of proof regarding legal necessity for alienation by a limited owner and the admissibility of secondary evidence under the Indian Evidence Act, 1872.

12 Jan 2005

This Second Appeal arises from a suit for declaration and possession filed by the original plaintiffs (respondents 1 to 4) against the defendants (app...

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