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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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Bombay High Court Allows Heir to Join Testamentary Suits as Party-Defendant in Will Dispute. Daughter of Predeceased Brother Held to Have Sufficient Interest in Estate of Testator Without Children.

The judgment concerns two Chamber Summonses filed by Jyotsna Rasiklal Maniar, who claims to be the daughter of Prabhudas Chaganlal Mehta, the predecea...

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Bombay High Court Dismisses Husband's Appeal Challenging Family Court Jurisdiction in Divorce Petition Filed by Wife in Pune. Wife's Residence in Pune Confers Jurisdiction Under Section 19(iii)(a) of Hindu Marriage Act, 1955 as She is the Petitioner.

The appellant husband, a US citizen, married the respondent wife on 21st November 2002 in India. The marriage was registered on the same day. The part...

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Bombay High Court Dismisses Petition Challenging Invalidation of OBC Caste Certificate in Zilla Parishad Election Case. Caste Claim of Momin Community Rejected Due to Lack of Documentary Evidence and Inconsistent School Records Under Maharashtra Act 23 of 2001.

The petitioner, Nahidabano Pathan, challenged the order dated 19 July 2013 of the Divisional Caste Certificate Scrutiny Committee, Aurangabad, which i...

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Bombay High Court Upholds Life Imprisonment for Murder Based on Circumstantial Evidence and Dog Tracking Evidence. Conviction under Section 302 IPC sustained as chain of circumstances including motive, last seen, and dog tracking pointed to guilt of accused.

The appellant, Anton Luis Piedade Fernandes, was convicted by the Additional Sessions Judge-1, South Goa, at Margao in Sessions Case No.18/2008 for th...

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Bombay High Court Upholds Minority Scholarship Schemes as Constitutional — Schemes for Minority Communities Do Not Violate Article 14 or 15(1) as They Are Based on Backwardness and Not Religion Alone.

The Bombay High Court disposed of two public interest litigations challenging the constitutional validity of two scholarship schemes for minority comm...

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Bombay High Court Allows Petition of Christian Trust Running School for Mentally Handicapped — Declares Minority Status Under Article 30(1) of Constitution. Trust Established by Roman Catholic Trustees and Administered by Catholic Priests and Nuns Qualifies as Religious Minority Educational Institution.

The petitioners, Handmaids of the Sacred Heart of Jesus Society (a trust registered under the Bombay Public Trust Act, 1950) and Dilkhush Special Scho...

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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. ...