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High Court of Karnataka Allows Appeal in Guardians and Wards Act Case — Custody of Minor Child Granted to Grandparents Based on Welfare Principle. Section 25 of the Guardians and Wards Act, 1890 — Court held that welfare of the minor is paramount and biological father's right is not absolute.

The case involves a dispute over the custody of a minor child under Section 25 of the Guardians and Wards Act, 1890. The appellants, the grandparents ...

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Bombay High Court Upholds Striking Off Defence for Non-Payment of Maintenance in Family Court Proceedings. Failure to Pay Interim Maintenance Under Section 18 of Hindu Adoption & Maintenance Act, 1956 Justifies Striking Off Defence Under Order 39 Rule 11 CPC.

The petitioner-husband and respondent-wife married on 3.5.1983. Marital discord led to multiple proceedings: the wife filed for divorce under Section ...

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Bombay High Court Quashes Executive Magistrate's Order in Section 145 CrPC Proceeding for Lack of Jurisdiction. The Court held that the Magistrate must first determine the existence of a likelihood of breach of peace before passing any order under Section 146(1) CrPC.

The petitioners, Sundar Narayan Nawale and others, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India challenging ...

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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Bombay High Court Dismisses Petition by RTO Agents' Association Challenging Eviction Order Under Bombay Government Premises (Eviction) Act, 1955. Eviction and Arrears of Rent Upheld as Competent Authority's Orders Were Not Successfully Challenged.

The petitioner, The Association of Recognized Agents, is a registered association of RTO agents who were allotted a room in the RTO Compound at Tulsiw...

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Karnataka High Court Dismisses Petition Challenging Demolition of Heritage Market Buildings. Heritage Classification Does Not Bar Demolition for Public Safety Under Section 2(1ea) of Karnataka Town and Country Planning Act, 1961.

The petitioners, residents of Mysuru, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respond...