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Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child from Mother. Habeas Corpus Not Maintainable When Child in Lawful Custody of Mother; Proper Remedy Under Guardians and Wards Act, 1890.

The petitioner, Richard Alexander Geary, a UK citizen, married respondent No. 2, Aishvarya Krishnan Geary, an Indian citizen, in New York on 26 Decemb...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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Bombay High Court Dismisses Petitions Challenging University's Refusal to Grant Affiliation to College of Physical Education. University's Decision Upheld as Reasonable and Not Arbitrary Under Article 226 of the Constitution of India.

The judgment concerns three writ petitions filed against the North Maharashtra University, Jalgaon, and other respondents. The petitioners, Pradeep Vi...

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Bombay High Court Dismisses Petition Seeking Higher Retirement Age for Assistant Director at Haffkine Institute. Recruitment Rules of Institute Not Binding on State Government; Age of Superannuation Governed by State Government Rules.

The Petitioner, Dr. Nishigandha Ramchandra Naik, was appointed as Assistant Director at the Haffkine Institute for Training Research and Testing, an a...

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Bombay High Court Allows Pension Benefits to Daily Wager by Counting Pre-Regularization Service as Qualifying Service Under Maharashtra Civil Services (Pension) Rules, 1982. Continuous Service of Same Nature from 1971 to 2003 Entitles Petitioner to Pension Despite Initial Daily Wage Engagement.

The petitioner, Sayyad Abbas Sayyad Usman, was employed as a watchman/Choukidar on a daily wage basis with the respondents (Dr. Panjabrao Deshmukh Kru...

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High Court of Karnataka Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Ownership Based on Will Upheld. Court holds that concurrent findings of fact cannot be interfered with under Section 100 CPC unless perverse or based on no evidence.

The Regular Second Appeal was filed by the defendant-appellant against the concurrent judgment and decree of the Trial Court and First Appellate Court...

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Bombay High Court Partly Allows Insurance Company Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof. Claimant's 100% Permanent Disability Acknowledged but Multiplier and Income Assessment Modified Under Motor Vehicles Act, 1988.

The National Insurance Company Ltd. appealed against the judgment and order dated 7.6.2004 of the Motor Accidents Claims Tribunal, Pune, in Claim Peti...

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Bombay High Court Upholds Tribunal in Sales Tax Reference — Activity on Customer's Goods Not Manufacture. Processing of customer-supplied goods constitutes works contract, not manufacture, under Bombay Sales Tax Act, 1959, and purchase tax under Section 13AA is not leviable.

The case involves a reference under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the Revenue, against the judgment of the Mahar...

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Bombay High Court Partly Allows Appeals in Land Acquisition Compensation Case — Market Value Fixed at Rs.24 per sq m Uniformly. Reference Court's Classification of Land into Two Categories Set Aside Under Land Acquisition Act, 1894.

The case involves two appeals against the Judgment and Award dated 8th August 2003 passed by the learned District Judge, Margao, in Land Acquisition C...