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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 Karnataka Upholds Conviction Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Repayment of Loan. Accused's Defence of Loan Repayment and Blank Cheque Fails as Presumption Under Sections 118 and 139 of N.I. Act Stands Rebutted.

The petitioner, B.N. Ashwath Narayan, was convicted by the XII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28739/2001 for the offenc...

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Bombay High Court Dismisses Patent Infringement Suits as Patents Were Revoked Prior to Filing. Summary Judgment Granted Under Order XIII-A CPC as Plaintiff Had No Locus Standi to Sue for Infringement of Revoked Patents.

The plaintiff, Bharat Bhogilal Patel, filed two suits for infringement of two patents granted in 2003. The defendants, TVS Electronics Ltd. and Kalelk...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Invalid Service of Demand Notice. Notice returned 'not claimed' does not constitute deemed service under Section 138 of the Negotiable Instruments Act, 1881, and proceedings are an abuse of process.

The applicants, Sanjay Pukhraj Parikh and Anita Sanjay Parikh, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973,...

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Karnataka High Court Refers Rival Will Claims to Trial Court in Suit for Partition Under Section 96 of Code of Civil Procedure, 1908. The Court Ordered Enquiry to Determine Legal Representatives of Deceased Plaintiff Pending Appeal Against Preliminary Partition Decree.

The dispute originated as a suit for partition of joint family properties filed by the daughters of late Venkatarayappa (plaintiffs 1-3) and the widow...

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Bombay High Court Dismisses Appeals as Not Maintainable: Order on Territorial Jurisdiction Not Appealable Under Section 13 of Commercial Courts Act. The Court Holds That Orders Under Section 9-A CPC Are Not Enumerated in Order XLIII CPC or Section 37 Arbitration Act, Limiting Appeals in Commercial Disputes.

The dispute arose out of two commercial suits filed before the Bombay High Court, where the plaintiffs claimed reliefs and the defendants raised preli...