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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Failure to Prove Age of Victim. Conviction under Section 4 of POCSO Act and Section 376(2)(i) IPC set aside as prosecution failed to establish victim was a child below 18 years.

The appellant, Mahesh S/o Kundlik Dhavare, was convicted by the Special Judge, Osmanabad in Special (POCSO) Case No.26 of 2015 for offences under Sect...

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Bombay High Court Allows Custody Appeal in Child Custody Dispute Under Family Courts Act, 1984 — Welfare of Child Paramount. Grandparents' Custody Set Aside as Biological Father's Right to Custody Upheld Subject to Child's Welfare.

The case involves two appeals filed under Section 19 of the Family Courts Act, 1984, challenging a common judgment of the Family Court, Nagpur, in Pet...

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Bombay High Court Quashes Provisional Attachment Order in PMLA Case for Lack of Scheduled Offence. Attachment of properties under Section 5(1) of Prevention of Money Laundering Act, 2002 set aside as predicate offence was not a scheduled offence under PMLA.

The petitioners, Sunlight Housing Development Pvt. Ltd., Mukesh Doshi, Kaushal Doshi, and Mack Star Marketing Pvt. Ltd., filed writ petitions challeng...

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Bombay High Court Dismisses Habeas Corpus Petition by Mother Against Father for Custody of Minor Child. Father's Custody Held Not Unlawful as Both Parents Have Equal Rights; Dispute to Be Adjudicated Under Guardians and Wards Act, 1890.

The petitioner, Mrs. Namita Mahendra Thanai, filed a writ of habeas corpus under Article 226 of the Constitution of India seeking production of her mi...

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Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child in International Parental Abduction Case. Court holds that habeas corpus is not maintainable when custody is with lawful guardian and child's welfare requires stability.

The petitioner, Khaled Kamal Hussein Mohamed Kassem, an Egyptian national, filed a habeas corpus petition seeking the production and custody of his mi...

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Bombay High Court Quashes Government Circular Restricting Land Compensation Under Consent Award. Circular dated 27.02.2020 Held Ultra Vires the RFCTLARR Act, 2013 and Maharashtra Rules, 2014.

The petitioner, Sanjay Mahadeo Japkar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a Government Circular...

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Bombay High Court Dismisses ED's Petition Seeking Locus in Closure Report Filed by State in Private Complaint. ED cannot intervene in a closure report filed by the State in a private complaint case under Section 173 Cr.P.C. as it is not an aggrieved party.

The Directorate of Enforcement (ED) filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Crimi...

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High Court of Karnataka Allows Appeal in Insurance Nomination Dispute — Nominee Cannot Override Succession Rights Under Hindu Succession Act. Section 39 of Insurance Act, 1938 does not confer absolute title on nominee; nominee holds policy benefits as trustee for legal heirs.

The case involves a dispute between the appellant, Smt. Neelavva @ Neelamma, and the respondents, Smt. Chandravva @ Chandrakala @ Hema and her minor s...

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Bombay High Court Dismisses Husband's Petition Challenging Domestic Violence Complaint by Wife and Son. Long Separation Does Not Bar Complaint Under Protection of Women from Domestic Violence Act, 2005; Son is an Aggrieved Person.

The petitioner, Kishor Kale, filed a criminal writ petition challenging the proceedings in Misc. Criminal Complaint Case No.314/2007 filed by his wife...