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Bombay High Court Dismisses Petition Challenging Up-Sarpanch Election Due to Absence of Notice. Court Holds That Presence and Participation of All Members Cures Any Defect in Notice Under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.

The petitioners, who were members of Gram Panchayat Sukli, challenged the election of respondent no.6 as Up-Sarpanch. The election was held on 23.05.2...

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Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

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Karnataka High Court Dismisses Habeas Corpus Petition for Child Custody in International Parental Abduction Case. Father's Petition for Repatriation of Minor Son from India to Germany Dismissed as Habeas Corpus Not Maintainable for Custody Disputes.

The petitioner, Mr. Sankar Viswanathan, a German resident, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution read with Sect...

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Bombay High Court Quashes Search Warrant in Child Custody Dispute — Magistrate Exceeded Jurisdiction Under CrPC Section 97. Search warrant for children in father's custody set aside as mother had alternative remedy under Guardians and Wards Act, 1890.

The applicant, Vishal Jivan Jogure, husband of respondent No.1 Megha Vishal Jogure, challenged an order dated 23rd February 2005 passed by the Chief J...

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Supreme Court Allows Father's Appeal in Child Custody Dispute, Restores Family Court's Order Granting Permanent Custody. The Court held that the High Court erred in substituting a shared custody arrangement without adequate consideration of the children's welfare under the Guardian and Wards Act, 1890.

The case involves a custody dispute between a Colonel in the Indian Armed Forces (appellant) and his wife, a teacher (respondent), over their two mino...

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Bombay High Court Upholds Ordinance Increasing Municipal Councillors in Mumbai. State Legislature Competent to Amend Mumbai Municipal Corporation Act, 1888 to Increase Directly Elected Councillors from 227 to 236 Based on 2011 Census.

The petitioners, who are councillors of the Mumbai Municipal Corporation, challenged the constitutional validity of Ordinance No.XIII of 2021 dated 30...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Twin from Grandmother. Writ of Habeas Corpus Not Maintainable for Child Custody Dispute Between Family Members When Child is in Lawful Custody of Grandmother.

The petitioner, Pravin Nathalal Parghi, is the biological father of 5-year-old twins. One son, Mst. Lakshya Parghi, is in the custody of the petitione...

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Supreme Court Dismisses Appeals Against Air Force School Not Being 'State' Under Article 12. Writ Jurisdiction Under Article 226 Not Available Against Air Force School Managed by Non-Government Society Funded by Non-Public Funds.

The Supreme Court dismissed two civil appeals challenging the judgment of the Allahabad High Court which held that the Air Force School, Bamrauli, is ...

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Bombay High Court Dismisses PIL Seeking Compensation for COVID-19 Death at Jalgaon Civil Hospital, Finds No Negligence. Death due to COVID-19 does not automatically imply medical negligence; hospital followed standard protocols.

The judgment arises from a Public Interest Litigation filed by Pratibha Shinde, President of Lok Sangharsh Morcha, along with two other petitioners, s...

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Bombay High Court Dismisses Petitions Challenging Section 9A of Maharashtra Municipal Councils Act Requiring Caste Validity Certificate for Councillors. Provision Held Valid as It Is a Reasonable Classification to Prevent Fraud on Reservation and Does Not Violate Articles 14 and 243T.

The petitioners, elected councillors of Jalna Municipal Council from reserved categories, challenged the constitutional validity of Section 9A of the ...