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High Court of Karnataka Holds That Mere Removal of Minor Child Cannot Divest Jurisdiction; Family Court's Order Returning Petition Considered Erroneous. Section 9 of Guardians and Wards Act, 1890 Requires Ordinary Residence to Be Determined by Habitual Residence and Circumstances of Removal, Not Mere Physical Presence....

Background: The High Court of Karnataka heard a Miscellaneous First Appeal arising from an order of the Family Court, Bengaluru, which returned a guardianship petition for lack of territorial jurisdic...

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High Court of Karnataka Considers Appeal Against Family Court Order Returning Mother's Guardianship Petition on Territorial Jurisdiction. Section 9 of Guardians and Wards Act, 1890 Interpreted to Mean Ordinary Residence, Not Mere Physical Presence, as Child's Removal to Father's Place Did Not Automatically Change Jurisdiction....

This miscellaneous first appeal arose from an order dated 06.01.2026 passed by the III Additional Principal Judge, Family Court, Bengaluru in G & WC No.18 of 2025. The appellant was the mother of a mi...

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High Court Partly Allows Writ Petition Seeking Quashing of FIR under Section 482 CrPC; Quashes Offence Under Section 354-A IPC but Upholds Sections 323, 353, 354 IPC. Court Finds Allegations of Assault to Deter Public Servant and Outraging Modesty Prima Facie Made Out, but No Unwelcome Sexual Overtures Under Section 354-A IPC....

The petitioner, an agriculturist, filed a criminal writ petition before the Bombay High Court invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 to quash FIR No.0...

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Bombay High Court Allows Writ Petition by Original Defendants in Civil Suit Over Counter Claim Registration Under Order VIII Rule 6A CPC. Court Holds No Prior Permission Is Required to Register Counter Claim as It Is in Nature of Plaint and Must Be Registered upon Filing; Aggrieved Plaintiff May Seek Rejection Under Order VII Rule 11 or Order VIII Rule 6C CPC....

The dispute arose from a civil suit, R.C.S. No. 655 of 2023, filed by respondent no.1 (plaintiff) before the trial court seeking declaration and injunction in respect of certain properties. The petiti...

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High Court of Judicature at Bombay Admitted Second Appeal in Ancestral Property Partition Dispute. The appeal challenged concurrent findings of lower courts that the respondent-plaintiff retained a share in the suit properties, while the appellant-defendant claimed exclusive rights based on an oral relinquishment and a later relinquishment deed by the mother....

The dispute concerned partition of ancestral property. The appellant, S., and the respondent, A., are siblings, children of late Shankar Joshi. The suit properties are land bearing Gat No.27 admeasuri...

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Bombay High Court Hears Section 9 Arbitration Petitions in Redevelopment Dispute Between Co-operative Housing Society and Developer. Interim Relief Sought for Declaration of Termination and Stay of Termination Notice....

The present matters comprised two cross arbitration petitions filed under Section 9 of the Arbitration and Conciliation Act, 1996 before the Bombay High Court, Ordinary Original Civil Jurisdiction. Th...

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Bombay High Court Upholds Dismissal of Garnishee Application in Execution; Appellant Cannot Demand Trial After Waiving Evidence. Court Holds Party Bound by Concession That No Evidence Required Under Order XXI Rule 46 CPC and Section 58 Evidence Act....

The dispute arose from execution proceedings following a summary suit decree dated 20 August 2014 for Rs.3,76,85,654 with interest at 18% per annum in favour of the appellant, a Belgian partnership fi...