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Madras High Court Allows Second Appeal in Succession Dispute — Declares Appellant as Legal Heir Based on Cohabitation and Public Acknowledgment. Court Holds That Long-Term Cohabitation and Public Recognition as Wife and Son Confer Legal Heirship Status Under Hindu Succession Act, 1956.

The case involves a succession dispute where the appellant, L.Arun, filed a suit seeking a declaration that he is the legal heir of the deceased L.Lak...

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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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High Court of Karnataka Dismisses Habeas Corpus Petition by Father for Custody of Minor Child — Child in Mother's Custody Not Illegally Detained. Writ of Habeas Corpus Not Maintainable Where Custody Is with Natural Guardian and No Illegal Detention Is Shown.

The petitioner, Vayu Kishore, father of a 4-year-old minor child, Miss Vindhya Kishore, filed a writ of habeas corpus under Articles 226 and 227 of th...

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Supreme Court Partially Allows Father's Appeal in Child Visitation Rights Dispute - Emphasizes Child Welfare Over Legal Technicalities. The Court Remands Matter to High Court for Fresh Consideration with Expert Assistance to Ascertain Children's Wishes.

The case involves a custody and visitation rights dispute between Soumitra Kumar Nahar (appellant-husband) and Parul Nahar (respondent-wife). The coup...

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Bombay High Court Acquits Appellant in Kidnapping Case Due to Lack of Common Intention. Conviction under Sections 363, 365 read with Section 34 IPC set aside as prosecution failed to prove that appellant shared common intention with co-accused to kidnap the minor victim.

The appellant, Salim Abbas Chaudhari, was convicted by the trial court for offences under Sections 363 and 365 read with Section 34 of the Indian Pena...

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Bombay High Court Upholds Conviction for Kidnapping and Rape of Minor Under POCSO Act — Age of Victim Determined by Ossification Test and School Records, Consent Irrelevant for Minor.

The appellant, Sujoy @ Sanjay Laltu Chakravarty, was convicted by the Special Judge, Gondia, in Special POCSO Case No. 11/2014 for offences under Sect...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Minor Pillion Rider. Negligence of Qualis Driver Established as Sole Cause of Accident, Insurance Company Liable to Pay Compensation Under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 27.3.2009 at about 11:40 am at the junction of Hebbal ring road near Bharath Cancer Hospital, M...

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High Court of Bombay at Aurangabad Upholds Conviction of Appellant for Rape and Kidnapping of Minor - Seven-Year Sentence Affirmed. Consistent Testimony of Prosecutrix and Medical Evidence Sufficient to Sustain Conviction Under Sections 363 and 376 IPC.

The appellant, Balaji Maruti Kamble, was convicted by the Additional Sessions Judge, Latur, for offences under Sections 363 and 376 of the Indian Pena...