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Supreme Court Dissolves Marriage Under Article 142 in Transfer Petition Due to Irretrievable Breakdown and Allows Transfer of Proceedings

The marriage between the parties, solemnised in 2012, survived only for a brief period, after which they began living separately. For more than thirte...

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High Court Quashes Disciplinary Order for Recovery of Rs. 2398.80 Due to Violation of Natural Justice and Disciplinary Rules

The petitioner, a junior engineer with  Respondent, challenged a disciplinary order dated 14/05/2019 imposing recovery of Rs. 2398.80 for alleged...

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High Court Dismisses Writ Petition in Criminal Matter Due to Availability of Alternate Remedy. Order Rejecting Application Under Section 156(3) of Criminal Procedure Code is Final and Revisable Under Section 397, Making Writ Petition Under Article 226 Read with Section 482 Not Maintainable.

The dispute originated from Kotak Mahindra Bank Ltd. (the petitioner) filing an application under Section 156(3) of the Criminal Procedure Code before...

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High Court of Karnataka Upholds Dismissal of Government Servant for Caste Certificate Fraud. Petitioner's claim of belonging to Koli (Kolidhoor) Scheduled Tribe was found false, leading to dismissal under Article 311(2) of the Constitution.

The petitioner, Yellappa S/o Hanmanthappa Kolakar, was a government servant who had been selected as a Clerk-cum-Typist under the Scheduled Tribe cate...

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Gujarat High Court Dismisses Habeas Corpus Petition by Mother Seeking Custody of Minor Daughter from Father. Custody Dispute Between Parents Must Be Adjudicated Under Guardians and Wards Act, 1890, Not Through Habeas Corpus, as Father's Custody as Natural Guardian Is Not Per Se Illegal.

The petitioner, Kinjal, filed a habeas corpus petition seeking production of her four-year-old daughter Trishika, alleging that the child was in the u...

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Gujarat High Court Quashes Dismissal of Police Constable in Service Dispute — Violation of Natural Justice and Lack of Evidence. Petitioner's 34-year service terminated without proper inquiry; court holds that non-joining of transfer cannot be treated as desertion without cogent evidence.

The petitioner, Abdul Gafar Dad Karim Raesh, was appointed as an armed constable on 30/12/1973 and later as an unarmed constable in the Gujarat Police...

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Gujarat High Court Dismisses Revision Against Refusal to Extend Time for Depositing Costs in Rent Control Appeal — Condonation of Delay Conditional on Cost Deposit, Failure to Deposit Within Extended Time Results in Dismissal of Appeal

The applicant, Dakshkumar Hasmukhbhai Desai, filed a civil revision application under Section 29(2) of the Bombay Rents, Hotels and Lodging House Rate...

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Madras High Court Dismisses Revision Petitions Challenging Orders on Impleading and Rejection of Plaint in Suit for Specific Performance — Held That Trial Court's Discretionary Orders Under Order 1 Rule 10 CPC and Order 7 Rule 11 CPC Are Not Interfered With Under Article 227.

The case involves two Civil Revision Petitions filed under Article 227 of the Constitution of India, 1950, arising from a suit for specific performanc...

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Bombay High Court Dismisses Second Appeal in Suit for Possession Based on Title — Concurrent Findings of Fact Not Interfered With. Court upholds that a co-owner can sue for possession without impleading other co-owners and that adverse possession cannot be claimed against a co-owner.

The case involves a second appeal filed by the original defendants against the concurrent decrees of the trial court and first appellate court in a su...