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Vasant Balu Patil & Ors vs Mohan Harachand Shah & Ors on 9 October, 2015

In support of his submission the learned Counsel for the applicant relied upon the judgments of the Hon'ble Supreme Court in the case of Vasant Balu Patil and others vs Mohan Hirachand Shah and others, reported at (2016) 1 SCC 530, Bharpur Singh and others vs Shamsher Singh, reported at (2009) 3 SCC 687, Daulat Ram and others vs Sodha and others, reported at (2005) 1 SCC 40, Judgments in Civil Appeal No.5366 of 2017 (Poonnamma Jagadamma and others vs Narayanan Nair and others) and Mahesh Kumar (dead) by Lrs vs ::: Uploaded on - 07/04/2018 ::: Downloaded on - 08/04/2018 01:17:35 ::: 8 040418 cra 68.15.odt Vinod Kumar and others, reported at 2012(4) Mh.L.J. 482 and judgments of this Court in the case of Lalita Krishnaraj Parekh and another vs Kirti Jagadish Mulani, reported at 2010(1) Mh.L.J. 761 and Hoshang Pesi Hodiwala vs Bonny Behramshah Bhatahena and others, reported at 2015(1) ABR 75.
Supreme Court of India Cites 4 - Cited by 7 - R Gogoi - Full Document

Bharpur Singh & Ors vs Shamsher Singh on 12 December, 2008

In support of his submission the learned Counsel for the applicant relied upon the judgments of the Hon'ble Supreme Court in the case of Vasant Balu Patil and others vs Mohan Hirachand Shah and others, reported at (2016) 1 SCC 530, Bharpur Singh and others vs Shamsher Singh, reported at (2009) 3 SCC 687, Daulat Ram and others vs Sodha and others, reported at (2005) 1 SCC 40, Judgments in Civil Appeal No.5366 of 2017 (Poonnamma Jagadamma and others vs Narayanan Nair and others) and Mahesh Kumar (dead) by Lrs vs ::: Uploaded on - 07/04/2018 ::: Downloaded on - 08/04/2018 01:17:35 ::: 8 040418 cra 68.15.odt Vinod Kumar and others, reported at 2012(4) Mh.L.J. 482 and judgments of this Court in the case of Lalita Krishnaraj Parekh and another vs Kirti Jagadish Mulani, reported at 2010(1) Mh.L.J. 761 and Hoshang Pesi Hodiwala vs Bonny Behramshah Bhatahena and others, reported at 2015(1) ABR 75.
Supreme Court of India Cites 13 - Cited by 238 - S B Sinha - Full Document

Daulat Ram & Ors vs Sodha & Ors on 16 November, 2004

In support of his submission the learned Counsel for the applicant relied upon the judgments of the Hon'ble Supreme Court in the case of Vasant Balu Patil and others vs Mohan Hirachand Shah and others, reported at (2016) 1 SCC 530, Bharpur Singh and others vs Shamsher Singh, reported at (2009) 3 SCC 687, Daulat Ram and others vs Sodha and others, reported at (2005) 1 SCC 40, Judgments in Civil Appeal No.5366 of 2017 (Poonnamma Jagadamma and others vs Narayanan Nair and others) and Mahesh Kumar (dead) by Lrs vs ::: Uploaded on - 07/04/2018 ::: Downloaded on - 08/04/2018 01:17:35 ::: 8 040418 cra 68.15.odt Vinod Kumar and others, reported at 2012(4) Mh.L.J. 482 and judgments of this Court in the case of Lalita Krishnaraj Parekh and another vs Kirti Jagadish Mulani, reported at 2010(1) Mh.L.J. 761 and Hoshang Pesi Hodiwala vs Bonny Behramshah Bhatahena and others, reported at 2015(1) ABR 75.
Supreme Court of India Cites 2 - Cited by 168 - Full Document

Hoshang Pesi Hodiwala vs Bonny Behramshah Bhathena & Ors on 16 September, 2014

In support of his submission the learned Counsel for the applicant relied upon the judgments of the Hon'ble Supreme Court in the case of Vasant Balu Patil and others vs Mohan Hirachand Shah and others, reported at (2016) 1 SCC 530, Bharpur Singh and others vs Shamsher Singh, reported at (2009) 3 SCC 687, Daulat Ram and others vs Sodha and others, reported at (2005) 1 SCC 40, Judgments in Civil Appeal No.5366 of 2017 (Poonnamma Jagadamma and others vs Narayanan Nair and others) and Mahesh Kumar (dead) by Lrs vs ::: Uploaded on - 07/04/2018 ::: Downloaded on - 08/04/2018 01:17:35 ::: 8 040418 cra 68.15.odt Vinod Kumar and others, reported at 2012(4) Mh.L.J. 482 and judgments of this Court in the case of Lalita Krishnaraj Parekh and another vs Kirti Jagadish Mulani, reported at 2010(1) Mh.L.J. 761 and Hoshang Pesi Hodiwala vs Bonny Behramshah Bhatahena and others, reported at 2015(1) ABR 75.
Bombay High Court Cites 10 - Cited by 1 - R Dalvi - Full Document

K. Laxmanan vs Thekkayil Padmini & Ors on 3 December, 2008

It was pointed out that there were already two civil suits initiated between the parties, of which one was pending at the trial stage and the other at the appellate stage. It was contended that if the applicant had any grievance, she could very well agitate the same in the said proceedings. The learned Counsel appearing on behalf of contesting respondent nos. 7 to 10, relied upon the judgments of the Hon'ble Supreme Court in the case of Ramesh Verma (dead) through Legal Representatives vs Lajesh Saxena (dead) by Legal Representatives and another, reported at (2017) 1 SCC 257, K. Laxmanan vs Thekkayil Padmini and others, reported at (2009) 1 SCC 354, Joginder Pal vs Indian Red Cross Society and others, reported at (2000) 8 SCC 143, Janki Narayan Bhoir vs Narayan Namdeo Kadam, reported at (2003) 2 SCC 91, M.L. Abdul Jabbar Sahib vs H. Venkata Sastri and Sons and others etc., reported at AIR 1969 SC 1147 and judgments of this Court in the case of Dinesh ::: Uploaded on - 07/04/2018 ::: Downloaded on - 08/04/2018 01:17:35 ::: 10 040418 cra 68.15.odt Ramchandra Sawant and others vs Shivaji Ramchandra Sawant, reported at 2013(7) All MR 298 and Ashwinkumar s/o Kanakraj Gandhi vs Laxmidas Bhagwandas Mehta deceased through Lrs. Laxmibai w/o Laxmidas Mehta and others, reported at 2007(6) Mh.L.J. 819.
Supreme Court of India Cites 9 - Cited by 118 - M Sharma - Full Document

Janki Narayan Bhoir vs Narayan Namdeo Kadam on 17 December, 2002

It was pointed out that there were already two civil suits initiated between the parties, of which one was pending at the trial stage and the other at the appellate stage. It was contended that if the applicant had any grievance, she could very well agitate the same in the said proceedings. The learned Counsel appearing on behalf of contesting respondent nos. 7 to 10, relied upon the judgments of the Hon'ble Supreme Court in the case of Ramesh Verma (dead) through Legal Representatives vs Lajesh Saxena (dead) by Legal Representatives and another, reported at (2017) 1 SCC 257, K. Laxmanan vs Thekkayil Padmini and others, reported at (2009) 1 SCC 354, Joginder Pal vs Indian Red Cross Society and others, reported at (2000) 8 SCC 143, Janki Narayan Bhoir vs Narayan Namdeo Kadam, reported at (2003) 2 SCC 91, M.L. Abdul Jabbar Sahib vs H. Venkata Sastri and Sons and others etc., reported at AIR 1969 SC 1147 and judgments of this Court in the case of Dinesh ::: Uploaded on - 07/04/2018 ::: Downloaded on - 08/04/2018 01:17:35 ::: 10 040418 cra 68.15.odt Ramchandra Sawant and others vs Shivaji Ramchandra Sawant, reported at 2013(7) All MR 298 and Ashwinkumar s/o Kanakraj Gandhi vs Laxmidas Bhagwandas Mehta deceased through Lrs. Laxmibai w/o Laxmidas Mehta and others, reported at 2007(6) Mh.L.J. 819.
Supreme Court of India Cites 8 - Cited by 385 - S V Patil - Full Document

M. L. Abdul Jabhar Sahib vs H. V. Venkata Sastri & Sons & Ors on 4 February, 1969

14 040418 cra 68.15.odt According to him, this nature of oral and documentary evidence placed on record was sufficient to prove the fact that the said Will dated 05-06-2000 had been indeed executed by deceased Baban Wankhade and that the burden on the applicant was sufficiently discharged. The Courts below have taken a contrary view and they have not accepted the contentions raised on behalf of the applicant. A perusal of the original Will deed dated 05-06-2000 at Exhibit-71 shows that the signatures and name of the second attesting witness have been indeed scored out. The learned Counsel appearing on behalf of respondent nos.7 to 10 has correctly relied upon Section 63(c) of the Act of 1925 to contend that the Will shall be attested by two or more witnesses and further it has been contended that scribe of the Will cannot be treated as an attesting witness. Reliance has been placed on the judgment of the Hon'ble Supreme Court in the case of M.L. Abdul Jabbar Sahib (supra) and the judgment of this Court in the case of Ashwinkumar (supra) in this context. It has been held in the aforesaid judgments that in order to show valid attestation it is essential that two or more witnesses have seen the executant sign the instrument or have received from him a personal acknowledgment of his signature; with a view to attest or to bear witness to such fact, each of them has signed the instrument in the presence of the executant. It is essential that the witness ::: Uploaded on - 07/04/2018 ::: Downloaded on - 08/04/2018 01:17:35 ::: 15 040418 cra 68.15.odt should have put his signature animo attestandi, that is, for the purpose of attesting that he has seen the executant sign or has received from him a personal acknowledgment of his signature. If a person puts his signature on the document for some other purpose, e.g, to certify that he is a scribe or an identifier or a registering officer, he is not an attesting witness. In the present case, the Courts below have taken into consideration the scoring out of signatures and name of the second attesting witness while arriving at the conclusion that the Will was not a believable document.
Supreme Court of India Cites 17 - Cited by 157 - R S Bachawat - Full Document

Poonnamma Jagadamma & Ors vs Narayanan Nair & Ors on 1 May, 2017

In support of his submission the learned Counsel for the applicant relied upon the judgments of the Hon'ble Supreme Court in the case of Vasant Balu Patil and others vs Mohan Hirachand Shah and others, reported at (2016) 1 SCC 530, Bharpur Singh and others vs Shamsher Singh, reported at (2009) 3 SCC 687, Daulat Ram and others vs Sodha and others, reported at (2005) 1 SCC 40, Judgments in Civil Appeal No.5366 of 2017 (Poonnamma Jagadamma and others vs Narayanan Nair and others) and Mahesh Kumar (dead) by Lrs vs ::: Uploaded on - 07/04/2018 ::: Downloaded on - 08/04/2018 01:17:35 ::: 8 040418 cra 68.15.odt Vinod Kumar and others, reported at 2012(4) Mh.L.J. 482 and judgments of this Court in the case of Lalita Krishnaraj Parekh and another vs Kirti Jagadish Mulani, reported at 2010(1) Mh.L.J. 761 and Hoshang Pesi Hodiwala vs Bonny Behramshah Bhatahena and others, reported at 2015(1) ABR 75.
Supreme Court of India Cites 2 - Cited by 6 - A M Khanwilkar - Full Document

Lalita Krishnaraj Parekh vs Kirti Jagdish Mulani on 15 December, 2009

In support of his submission the learned Counsel for the applicant relied upon the judgments of the Hon'ble Supreme Court in the case of Vasant Balu Patil and others vs Mohan Hirachand Shah and others, reported at (2016) 1 SCC 530, Bharpur Singh and others vs Shamsher Singh, reported at (2009) 3 SCC 687, Daulat Ram and others vs Sodha and others, reported at (2005) 1 SCC 40, Judgments in Civil Appeal No.5366 of 2017 (Poonnamma Jagadamma and others vs Narayanan Nair and others) and Mahesh Kumar (dead) by Lrs vs ::: Uploaded on - 07/04/2018 ::: Downloaded on - 08/04/2018 01:17:35 ::: 8 040418 cra 68.15.odt Vinod Kumar and others, reported at 2012(4) Mh.L.J. 482 and judgments of this Court in the case of Lalita Krishnaraj Parekh and another vs Kirti Jagadish Mulani, reported at 2010(1) Mh.L.J. 761 and Hoshang Pesi Hodiwala vs Bonny Behramshah Bhatahena and others, reported at 2015(1) ABR 75.
Bombay High Court Cites 6 - Cited by 2 - A V Mohta - Full Document
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