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Bombay High Court Quashes FIR in Domestic Violence Case Due to Lack of Territorial Jurisdiction — Marriage Solemnized and Incident Occurred in Gujarat, Not Maharashtra. Section 27 of Protection of Women from Domestic Violence Act, 2005 Requires Proceedings in Court Where Victim Resides or Incident Occurs.

The petitioner, an Indian citizen, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Auction Sale — Alternative Remedy Under Section 17 Held Efficacious. No Interference Under Article 226 in Absence of Fraud or Collusion.

The petitioner, Buniya Devi Chauhan, through her power of attorney holder Dharmendra Shambhunath Chauhan, filed a writ petition under Article 226 of t...

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Karnataka High Court Dismisses Habeas Corpus Petition for Child Custody in International Parental Abduction Case. Father's Petition for Repatriation of Minor Son from India to Germany Dismissed as Habeas Corpus Not Maintainable for Custody Disputes.

The petitioner, Mr. Sankar Viswanathan, a German resident, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution read with Sect...

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Bombay High Court Upholds Conviction of Appellant under POCSO Act for Aggravated Penetrative Sexual Assault of Minor. Evidence of 13-year-old prosecutrix found credible and corroborated by medical evidence; sentence of ten years rigorous imprisonment upheld.

The appellant, Aaditya @ Sadanand Dilip Parab, was convicted by the Special Judge under POCSO Act, Greater Mumbai, for offences under Section 4 of the...

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High Court of Karnataka Quashes Order Setting Aside Ex-Parte Decree in Injunction Suit — Petitioner/Plaintiff Succeeds in Restoring Ex-Parte Decree. Trial Court's Order Allowing Restoration Under Order IX Rule 13 CPC Set Aside Due to Lack of Sufficient Cause for Non-Appearance.

The petitioner, Nagireddy, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 09.10.2017 passed by the 31...

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Bombay High Court Upholds Conviction for Cruelty Under Section 498A IPC in Dowry Harassment Case. Appellant convicted for subjecting wife to cruelty on suspicion of unchastity, but acquitted of abetment to suicide due to lack of evidence of instigation.

The appellant, Mahendra Baliram Kamble, was convicted by the Additional Sessions Judge, Osmanabad, for the offence punishable under Section 498A of th...

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Bombay High Court Dismisses Tenant's Daughter's Petition in Rent Control Suit for Possession on Ground of Acquisition of Suitable Residence. Tenant's retirement and shift to native place with family held to constitute acquisition of suitable residence under Section 13(1)(l) of Bombay Rent Act.

The case involves a writ petition filed by Smt. Saroja Parmeshwaran, daughter of the original tenant L.K. Mani, challenging the judgment and order dat...

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Bombay High Court Allows Wife's Appeal Against Divorce Decree on Ground of Cruelty, Sets Aside Family Court Order. Isolated instances of verbal abuse and filing of false complaints do not constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

The appellant-wife and respondent-husband were married on 20.5.1994 at Sumerpur, Rajasthan according to Hindu Vedic rites. After marriage, the wife re...

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Bombay High Court Upholds Conviction of Appellants in Kidnapping and Murder Case Based on Circumstantial Evidence. Chain of Circumstances Including Last Seen Evidence and Recovery of Articles Proved Guilt Beyond Reasonable Doubt Under Sections 364, 302, 201, 386 IPC.

The case involves two criminal appeals arising from a judgment of the III Additional Sessions Judge, Thane, convicting the appellants for offences und...