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KAHC030038572012_1

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Bombay High Court Quashes Default Sentence in DV Act Maintenance Case — Sentencing Without Prior Notice Violates Natural Justice. Imprisonment for non-payment of interim maintenance under Section 125(3) CrPC read with Section 28 DV Act requires prior notice and opportunity of hearing before sentencing.

The petitioner, Vikram Ramesh Rughani, challenged an order dated 20 January 2024 passed by the Metropolitan Magistrate in C.C. No. 96/DV/2018, sentenc...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Goa Children's Act, 2003 as Premature. Petitioner Convicted for Kidnapping and Murder of Minor Cannot Challenge State Legislation When Appeal Against Conviction is Pending.

The petitioner, Rohan Pradeep Dhungat, was convicted by the Goa Children's Court in Special Case No.28/2006 for offences including kidnapping for rans...

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Bombay High Court Dismisses Appeals in Property Dispute — Widow's Absolute Ownership Under Section 14(1) Hindu Succession Act, 1956 Upheld. Property Received in Lieu of Maintenance Confers Full Estate, Not Limited Interest.

The case involves two second appeals arising from a suit filed by the original plaintiffs (respondents) against the original defendants (appellants) c...

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High Court of Karnataka Allows Appeals in Succession Dispute Over Joint Family Property — Restrains Alienation of Agricultural Land Pending Suit. The court held that plaintiffs, as Class I heirs, had a prima facie case for partition and injunction under Order 39 Rules 1 and 2 CPC.

The case involves a family dispute over agricultural land and other properties left by the deceased B.M. Raghothama Rao. The plaintiffs, comprising hi...

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Bombay High Court Partially Allows MSRTC Appeal and Claimants' Cross-Objection in Motor Accident Claim — Future Prospects Not Applicable to Deemed Income of Student. Notional Income of Deceased Student Determined at Rs. 10,000 Per Month with 40% Deduction for Personal Expenses.

The case arises from a motor accident claim petition filed by the parents and sister of a 20-year-old male student who died in a road accident. The de...

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Supreme Court Dismisses Appeal in Benami Property Dispute Under Benami Transaction (Prohibition) Act, 1988. Plaintiffs Failed to Prove Property Was Held for Benefit of Hindu Undivided Family Coparceners Under Section 4(3)(a), Making Suit Barred Under Section 4(1).

The dispute originated from a civil suit filed by Laxmi Prasad, his wife, and two daughters against his two sons and subsequent purchasers, seeking de...