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Bombay High Court Delivers Judgment on Writ Petition Challenging Family Court's Custody Order in International Abduction Case. The Court Examined the Applicability of Hague Convention and Jurisdictional Overlaps Between Indian and Dutch Forums.

The judgment addresses a custody dispute between parents of a minor daughter, Insiya. The father, an Indian citizen, and the mother, a dual citizen of...

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High Court Dismisses Cooperative Society's Challenge to Deemed Membership of Legal Heir; Upholds Rights Under Maharashtra Cooperative Societies Act, 1960. Unconditional withdrawal of prior title suit and society's inaction justified claim for deemed membership.

This writ petition under Articles 226 and 227 of the Constitution challenged the Divisional Joint Registrar's order dated 13 November 2014 allowing re...

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Karnataka High Court Hears Criminal Appeal Against Conviction for Murder and Destruction of Evidence Under IPC. Conviction by Trial Court for Offences Under Sections 302 and 201 IPC Challenged on Grounds of Inadequate Evidence and Failure to Prove Motive.

The criminal appeal arose from the judgment of conviction and order of sentence passed by the trial Court in S.C.No.58/2013 dated 21.11.2016, whereby ...

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High Court of Karnataka Quashes Criminal Proceedings in Non-Cognizable Offences Case Due to Defective FIR Registration. Mechanical Endorsement 'Permitted' by Magistrate Without Application of Mind Under Section 155(2) CrPC Vitiates Entire Investigation and Subsequent Charge-Sheet.

The petitioner, an accused, filed a petition under Section 482 CrPC seeking to quash criminal proceedings pending before the V Additional Chief Metrop...

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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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Bombay High Court Holds Respondents in Contempt for Breach of Injunction Order. Resolutions Increasing Authorised Capital and Alloting Shares While Restrained from Exercising Rights on Shares Amount to Wilful Disobedience.

The appeal arose from Suit No.3121 of 2004, where the appellants (original plaintiffs, Gopal L. Raheja & Anr.) claimed that the respondents (original ...

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Supreme Court Quashes Criminal Proceedings Against Rally Organizers for Lack of Prima Facie Offence Under IPC and Police Act. Peaceful Dharna Without Permission Did Not Constitute Public Nuisance or Wrongful Restraint Under Sections 290 and 341 IPC and Section 34 Police Act, 1861.

The case arose from a criminal prosecution initiated against the appellants, who were the Chairman and son of a private educational institution, for o...

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Supreme Court Upholds Employer in Workmen's Compensation Act Case Due to Lack of Causal Connection Between Death and Employment. Missing Seaman's Death Not Proven to Arise Out of or In Course of Employment Under Section 3 of Workmen's Compensation Act, 1923.

The case involved a claim for compensation under the Workmen's Compensation Act, 1923, filed by the father of a missing seaman against the agent of th...

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Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...