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Bombay High Court Allows Appeal in Guardianship Case — Child's Welfare Paramount. Consent of Biological Parents and Child's Best Interests Justify Granting Guardianship to Prospective Adoptive Parents Under Guardians and Wards Act, 1890.

The case involves an appeal against an order of a learned single Judge dated 30th November 2004 dismissing the appellants' petition for guardianship. ...

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Bombay High Court Grants Probate of Will Dated 1977 Despite Limitation and Forgery Challenges. Executor Succeeds in Proving Due Execution and Testamentary Capacity of Testator Who Died in 1979.

The plaintiff, Suresh Manilal Mehta, filed a petition for probate of a Will dated 16th March 1977 allegedly executed by Rameshchandra Jamnadas Dalal (...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Evidence and Inconsistent Witness Testimony. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Bhatu S/o Himmat Akhade, was convicted by the Additional Sessions Judge, Dhule, for the murder of his wife Sangita and for attempting t...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings of Ownership in Favor of Daughter. Claim of adverse possession by brother against sister fails as co-owner must prove ouster or denial of title.

The dispute pertains to agricultural lands and a house situated at Village Dhokawade, Taluka Alibaug, District Raigad, originally owned by Narayan Hir...

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Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child from Mother. Habeas Corpus Not Maintainable When Child in Lawful Custody of Mother; Proper Remedy Under Guardians and Wards Act, 1890.

The petitioner, Richard Alexander Geary, a UK citizen, married respondent No. 2, Aishvarya Krishnan Geary, an Indian citizen, in New York on 26 Decemb...

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Bombay High Court Acquits Appellant in Murder Case Due to Inconsistent Evidence and Lack of Proof of Homicidal Death. Conviction under Section 302 IPC Set Aside as Medical Evidence Did Not Rule Out Accidental Fall and Circumstantial Evidence Was Insufficient.

The appellant, Mahendra s/o Parashram Chakate, was convicted by the learned Sessions Judge, Gondia, for the murder of his wife Maheshwari under Sectio...

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Bombay High Court Upholds Conviction but Commutes Death Sentence to Life Imprisonment in Rape and Murder Case — Circumstantial Evidence Sufficient for Conviction but Case Does Not Fall in 'Rarest of Rare' Category

The case pertains to the confirmation of death sentence awarded to Anil Jagannath Pawar by the Additional Sessions Judge, Shrirampur, in Sessions Case...

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Bombay High Court Hears Jail Appeal by Accused in Rape Case. Conviction Under IPC Sections 376, 201, 506 Challenged Based on Discrepancies in Prosecutrix’s Testimony and Lack of Scientific Evidence.

The present matter is a criminal appeal filed by the accused against the judgment of conviction and sentence passed by the Additional Sessions Judge, ...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unnatural Conduct of Witnesses. Conviction under Sections 302 and 506 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Rahul Limbaji Thorat, was convicted by the Additional Sessions Judge, Vaijapur, for the murder of his wife Vandana under Sections 302 a...