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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Child from Mother. Habeas Corpus Not Maintainable for Child Custody Between Parents; Remedy Lies Under Guardians and Wards Act, 1890.

The petitioner, Dr. Shreyas Dilip Mandre, filed a writ of habeas corpus before the Bombay High Court seeking production of his minor child 'N' from th...

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Gujarat High Court Allows Petition Seeking Registration of HAMA Adoption and Issuance of NOC for Inter-Country Adoption. CARA Directed to Register Concluded HAMA Adoption Ex Post Facto and Process No-Objection Certificate Under Adoption Regulations 2017/2022 for Indian Citizens Residing in Australia.

The petitioners, Akshay Pitamber Sarvakar and another, are Indian citizens residing in Australia. They filed a petition under Articles 226 of the Cons...

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High Court of Karnataka Allows Appeal in Property Injunction Dispute — Sets Aside Trial Court Order for Lack of Application of Mind. Order 39 Rule 1 and 2 CPC Injunction Granted Without Proper Consideration of Prima Facie Case, Balance of Convenience, and Irreparable Loss.

The appellant, Sri Yathievendra Naik @ Yathish, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC)...

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Bombay High Court Allows Habeas Corpus Petition for Return of Minor Child to Netherlands. Dutch Mother's Custody Rights Upheld; Child's Habitual Residence Determined as Netherlands.

The petitioner, a Dutch national, filed a habeas corpus petition seeking the return of her minor daughter 'N' from the respondent father and his famil...

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Bombay High Court Acquits Appellant in POCSO and Rape Case Due to Inconsistent Victim Testimony and Lack of Corroboration. Conviction under Sections 363, 376, 504, 506 IPC and Sections 3(a)/4, 5(i),(j)(ii),(l)/6 POCSO Act set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Sameer Shashikant Jadhav, was convicted by the Additional Sessions Judge, Ratnagiri, in Special Case No.19/2018 for offences under Sect...

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Supreme Court Upholds Conviction for Rape of Mentally Retarded Woman in Himachal Pradesh. High Court's Reversal of Acquittal Upheld as Prosecutrix's Mild Mental Retardation Rendered Her Incapable of Understanding Sexual Assault.

The Supreme Court dismissed the appeal filed by Chaman Lal against the judgment of the Himachal Pradesh High Court, which had reversed his acquittal a...

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Bombay High Court Upholds Reservation for In-service Candidates in Postgraduate Medical Courses — State Government's Policy of Granting Weightage to In-service Candidates for 50% of Seats in Government Medical Colleges Held Valid and Not Violative of Article 14 or 16 of the Constitution.

The petitioners, who were candidates for admission to postgraduate medical courses in Maharashtra, challenged the State Government's policy of grantin...

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Bombay High Court Dismisses Mother's Custody Petition for Minor Daughters Rescued from Brothel Under PITA. Custody of rescued minor victims under Immoral Traffic (Prevention) Act, 1956 vests with Child Welfare Committee for rehabilitation, not with biological mother, to prevent re-exploitation.

The petitioner, Smt. Babita, mother of two minor daughters aged 15 and 16, filed a Criminal Writ Petition challenging orders of the Judicial Magistrat...