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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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Bombay High Court Allows Writ Petition to Quash FIR Against Women Hawkers Under Bombay Police Act for Illegal Arrest Without Sanction. Court holds that hawking without license is not a cognizable offence and arrest of women without prior sanction of Commissioner is illegal.

The petitioners, 20 women hawkers from various parts of Maharashtra, filed a Criminal Writ Petition before the Bombay High Court seeking quashing of a...

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Supreme Court Lays Down Pan-India Guidelines Against Demolition of Properties of Accused Without Due Process. Executive Cannot Use Demolition as Punishment for Crime; Right to Shelter Protected Under Article 21.

This batch of writ petitions under Article 32 of the Constitution of India raised a grievance that residential and commercial properties of persons ac...

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Bombay High Court Adjudicates Habeas Corpus Petition by Father of Minor Child for Custody and Return to USA; Maintainability of Habeas Corpus and Compliance with Foreign Court Order Considered After Remand by Supreme Court

The case involves a habeas corpus petition filed by the father of a minor child, Aaryan, seeking production and custody from the mother. The father, a...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests.

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production ...

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Bombay High Court Allows Appeal by Paternal Grandmother in Guardianship Dispute Over Minor Child — Welfare of Child Paramount. Custody granted to paternal grandmother as maternal grandmother failed to prove her as a fit guardian under Guardians and Wards Act, 1890.

The case involves a dispute between the paternal grandmother (appellant) and the maternal grandmother (respondent) over the guardianship of a minor gi...

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High Court of Bombay Habeas Corpus Petition Examines Legality of Judicial Custody Where Remand Was Not Extended by Competent MCOC Special Court; Accused in Telgi Stamp Scam Seek Release After Non‑Extension of Judicial Remand Under Section 309(2) CrPC by a Judge Not Appointed Under MCOC Act.

The petitioners, five accused in the Telgi stamp scam (Special Case No. 2 of 2003 before the MCOC Court at Pune), filed this writ petition under Artic...