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High Court of Karnataka Dismisses Habeas Corpus Petition by Father for Custody of Minor Daughter from Mother — Custody Dispute Between Parents Not Maintainable as Habeas Corpus When Child is in Mother's Custody and Not Illegally Detained.

The petitioner, Gaurav Raj Jain, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution of India before the High Court of Karnat...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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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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Bombay High Court Allows Writ Petitions Challenging Appointment of Headmistress in Aided School — Appointment Set Aside for Violation of MEPS Act and Rules. Selection Committee Must Include Nominee of Education Officer Under Rule 12 of MEPS Rules, 1981; Seniority Alone Does Not Confer Right to Promotion.

The judgment concerns two writ petitions filed by teachers of Anandibai Bankat Girl High School, Chalisgaon, challenging the appointment of respondent...

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Bombay High Court Examines Maintainability of Public Interest Litigations in Road Development Contract Dispute. Reiterates Stringent Locus Standi Requirements Under Article 226 to Prevent Abuse of Process by Meddlesome Bystanders.

The Bombay High Court examined the maintainability of multiple public interest litigations and writ petitions concerning the Kolhapur Integrated Road ...

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Supreme Court Upholds Expulsion of Trading Member for Violating Gross Exposure Limits and Failing to Maintain Capital Adequacy. Securities Contracts (Regulation) Act, 1956 - Section 22F - Appeal against Securities Appellate Tribunal order upholding expulsion from National Stock Exchange membership.

The appellant, Rusoday Securities Ltd., was a trading member of the National Stock Exchange of India Ltd. (NSE) since November 1994 and gave an undert...

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ARBITRATION PETITION NO.549 OF 2013

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Bombay High Court Upholds Daughter's Right to Coparcenary Share Under Amended Section 6 of Hindu Succession Act Despite Father's Death Before 1956 Act. Daughter Granted 1/4th Share in Suit Property as Amendment is Retrospective and Confers Coparcenary Rights from Birth.

The case involves a second appeal before the Bombay High Court challenging the judgments of the trial court and the first appellate court in a partiti...