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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 Petition Challenging Eviction Order Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Children Cannot Invoke Act Against Parent. The Act is designed for maintenance and welfare of senior citizens, not for children to seek eviction of their father.

The petitioners, Mrs. Nayana Sudhir Shah (wife of respondent No.1) and their major children, filed a Writ Petition under Article 227 of the Constituti...

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Bombay High Court Allows Writ Petitions Challenging Indefinite Curfew Imposed Due to Burial Dispute in Mominpura Area. Court holds that curfew under Section 144 CrPC cannot be used as a permanent measure and must be proportionate to the threat.

The judgment pertains to two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench. The petit...

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Bombay High Court Allows Custody of Victim to Believed Mother in Immoral Traffic Case — Emphasizes Victim's Welfare and Consent. Section 17(4) of Immoral Traffic (Prevention) Act, 1956 requires court to consider victim's wishes and suitability of guardian before ordering corrective institution.

The petitioner, Asiya Anwar Shaikh, filed a writ petition challenging the order of the Additional Sessions Judge, Pandharpur, which confirmed the orde...

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Bombay High Court Allows Unaided Private School to Fix Fees Subject to Reasonable Regulation. Fee Fixation Must Be Transparent and Not Excessive Under Grant in Aid Code and Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987.

The petitioners, Hindi Vidya Bhavan Society and another, are a society registered under the Societies' Registration Act, 1860 and a public trust under...

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Bombay High Court Dismisses Petitions Challenging Age Limit for Promotion of Anganwadi Sevikas to Supervisors. Rule 7(1)(c) of Service Entry Rules, 2021, prescribing 45 years as maximum age for promotion, held not violative of Articles 14 and 16 of Constitution.

The petitioners, ten Anganwadi Sevikas from Akola district, challenged Rule 7(1)(c) of the Service Entry Rules, 2021, which prescribed a maximum age l...

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Karnataka High Court Dismisses Habeas Corpus Petition for Missing Husband — No Custodial Detention Found. Court holds that habeas corpus is not maintainable when the alleged detenu is not in police custody and his whereabouts are unknown.

The petitioner, Usharani, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution of India seeking a direction to the police auth...