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Bombay High Court Sets Aside Ex Parte Custody Order Due to Lack of Proper Service and Remands Matter for Fresh Hearing. Guardian and Wards Act, 1890 — Sections 6, 7 — Custody of minor child — Ex parte order passed without ensuring effective service on respondent mother.

The present appeal arises from a judgment and order dated 28.5.2013 passed by the Judge, Family Court No. 7, Bandra, Mumbai, in Petition No. D-75 of 2...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case Due to Lack of Evidence of Cruelty and Dowry Demand. The Court Held That the Presumption Under Section 113-B of the Evidence Act Was Not Attracted as There Was No Evidence of Cruelty Soon Before Death.

The State of Maharashtra filed an appeal against the judgment and order of acquittal dated 31.08.1995 passed by the Additional Sessions Judge, Parbhan...

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Bombay High Court Upholds Wakf Tribunal Decree for Possession of Wakf Property — Succession as Mutawalli Valid Under Atiyat Act. Property Registered as Wakf in 1975 Government List and Revenue Records Confirms Wakf Character, Defendant's Adverse Possession Claim Fails.

The case involves a civil revision application filed by Tukaram Dashrath Hiwre (original defendant No.1) against the judgment and order of the Wakf Tr...

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Bombay High Court Dismisses Appeal Against Deposit Condition in Commercial Suit — Upholds Order Requiring Defendant to Deposit Rs.1.5 Crore for Reconsideration of Earlier Condition. Court Held That Imposition of Deposit Condition Was Not Arbitrary and Defendant Failed to Show Any Change in Circumstances.

The appellant, Sunil B. Bhosale, was the original defendant in Suit No.4351 of 1996 filed by the respondent, Kamal Organic Chemicals, a division of Ki...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit by 'VOGUE' Magazine Owner Against 'JUST IN VOGUE' Retail Services. Well-Known Mark 'VOGUE' Protected Against Use for Dissimilar Services Under Section 29(4) of Trade Marks Act, 1999.

The Plaintiffs, Advance Magazine Publishers, Inc. and its subsidiary, are the proprietors and users of the trademark 'VOGUE' in respect of magazines a...

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High Court of Karnataka Allows Appeal in BDA Allotment Dispute — Upholds Validity of Sale Deed Despite Non-Registration of Agreement. Single Judge's Order Quashing Allotment Set Aside as Allottee Had Paid Full Consideration and Possession Was Delivered.

The case involves two writ appeals arising from a single judge's order in WP No.11179/2020 dated 21.06.2022. The appellant in WA No.593/2024, Sri Ravi...

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Bombay High Court Allows Borrowers' Challenge Against DRT Orders Rejecting Interim Relief Despite Pending IBC Section 95 Petition. Interim Moratorium Under Section 96 IBC Bars Continuation of Securitisation Proceedings During Pendency of Insolvency Petition.

The petitioners, M/s. Kapole Advertising Agency and others, were the original borrowers who had approached the Bombay High Court challenging two order...

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Bombay High Court Acquits Husband in Dowry Death Case Due to Lack of Evidence of Abetment to Suicide. Conviction under Sections 498A and 306 IPC set aside as prosecution failed to prove cruelty or instigation leading to wife's suicide.

The appellant, Janardhan Uike, was convicted by the Additional Sessions Judge, Yavatmal, for offences under Sections 498A and 306 of the Indian Penal ...