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Gujarat High Court Dismisses Habeas Corpus Petition by Mother Seeking Custody of Minor Daughter from Father. Custody Dispute Between Parents Must Be Adjudicated Under Guardians and Wards Act, 1890, Not Through Habeas Corpus, as Father's Custody as Natural Guardian Is Not Per Se Illegal.

The petitioner, Kinjal, filed a habeas corpus petition seeking production of her four-year-old daughter Trishika, alleging that the child was in the u...

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High Court of Gujarat Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Does Not Confer Ownership; Plaintiff Failed to Prove Payment of Consideration and Possession.

The appellant, original plaintiff, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree d...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Jeep Driver Upheld. Compensation of Rs.12,99,600/- with 9% Interest Awarded to Legal Heirs of Deceased Motorcyclist Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of the deceased, Ajayji Dineshji Thakor, who died in a road accident on ...

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Bombay High Court Allows Petitions Challenging Cancellation of Teacher Appointments Under M.E.P.S. Act — Appointments Made Prior to Qualifying Examination Requirement Are Valid. Cancellation Without Notice Violates Natural Justice.

The judgment concerns a batch of writ petitions filed by teachers whose appointments were cancelled by the Education Officer on the ground that they d...

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Bombay High Court Dismisses Revenue's Appeal in Central Excise Case on Unjust Enrichment. Bar of Unjust Enrichment Not Applicable to Provisional Assessment Cases Prior to Amendment of Rule 9B of Central Excise Rules, 1944.

The appeal was filed by the Commissioner of Central Excise, Mumbai-III Commissionerate, against the judgment of the Customs, Excise and Service Tax Ap...

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Supreme Court Directs Matters to Final Hearing on Whether Pre-execution Challenge to COFEPOSA Detention Orders Can Be on Grounds Beyond Alka Subhash Gadia Exceptions. The Court Examined if New Grounds Such as Absence of Live Link and Delay Could Be Used to Challenge Detention Orders Before Execution.

The Supreme Court dealt with a batch of matters challenging detention orders passed under the Conservation of Foreign Exchange and Prevention of Smugg...

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High Court of Karnataka Dismisses Accused's Appeals, Upholding Conviction in Murder Case Based on Corroborated Eye-Witness Account and Medical Evidence. Conviction Under Sections 302, 201, and 506 IPC Upheld as Prosecution Proved Homicidal Death and Accused's Role in Killing and Destruction of Evidence.

The case arose from an incident on 17 May 2005, where the deceased, Mahadeva @ Nagamadegowda, husband of accused No.1 (Smt. Malathi), was murdered. Ac...

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Bombay High Court Disposes of Civil Revision Applications by Tenants in Eviction Proceeding Under Maharashtra Rent Control Act, 1999. Tenants Raised Issues of Non-Decision of Order 41 Rule 27 CPC Applications, Delayed Judgment, and Misinterpretation of Section 15 of the Rent Act.

The Bombay High Court heard two Civil Revision Applications filed by tenants Vasant Mahadeo Gujar and Smt. Khatija Ismail Panhalkar against the common...

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High Court Dismisses Application for Rejection of Plaint in Suit for Recovery of Possession by Public Trust. No Prior Consent of Charity Commissioner Required under Sections 50/51 of Bombay Public Trusts Act, 1950 for Suit Against Trespassers; Civil Court Not Barred under Section 80.

The dispute arose from an interim application filed by Defendant No.1 in a civil suit instituted by Shri Hari Ashram, a public charitable trust regist...