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Bombay High Court Holds Juvenile Cannot File Anticipatory Bail Under Section 438 CrPC; Remedy Lies Under Juvenile Justice Act. The JJ Act is a complete code providing for bail provisions for children in conflict with law, and Section 438 CrPC is not available to them.

The case involved a reference to a Division Bench of the Bombay High Court to decide whether a juvenile in conflict with law can file an application f...

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Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

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Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale. Agreement to Reconvey on Repayment of Loan Within Ten Years Constituted Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

The plaintiffs (respondents) filed a suit for redemption and possession of agricultural lands, claiming that the transaction dated 03.11.1973 was a mo...

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Supreme Court Hears Constitutional Challenge to COFEPOSA Preventive Detention Powers for Foreign Exchange Violations. Petitioners Contend Absence of Penal Provisions Under FEMA Renders Section 3(1) Unconstitutional.

The writ petition under Article 32 of the Constitution was filed directly in the Supreme Court challenging the constitutional validity of Section 3(1)...

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High Court of Karnataka Allows Regular Second Appeal in Adoption Dispute — Reverses Appellate Court's Finding of Adoption. Court holds that plaintiff failed to prove valid adoption under Hindu Adoption and Maintenance Act, 1956, as essential ceremonies of giving and taking were not established.

The present regular second appeal was filed by the legal representatives of the defendant, assailing the judgment and decree of the appellate court wh...

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High Court of Karnataka Reviews Maintainability of Claim Under Section 163A of Motor Vehicles Act, 1988 in Cross Appeals Arising from Fatal Accident. Claim by Legal Heirs of Deceased Driver Who Borrowed Vehicle and Died Without Involvement of Another Vehicle Is Under Scrutiny.

The judgment involves two appeals arising from the same motor accident dated 20.09.2006. An auto rickshaw driven by Ramesh Babu, in which Murali was a...

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High Court of Karnataka Considers Regular Second Appeal Against First Appellate Order Setting Aside Decree for Name and Caste Correction. First Appellate Court Set Aside Trial Court Decree Holding Suit Not Maintainable, and the High Court Examines Jurisdictional Questions.

The litigation arose when a minor plaintiff, through his father as guardian, filed a suit seeking a declaration that his correct name was 'Aarush' and...