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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 Dismisses Teacher's Writ Petition Seeking Salary Under Grant-in-Aid Code for Non-Aided Recognised School. Grant-in-Aid Code Held to Be Administrative Instructions Without Statutory Force, Not Enforceable by Writ.

The petitioner, Azmatunnisa Abdul Khalique, a teacher at Usmania Urdu Primary School, a recognised but non-aided primary school in Mumbai, filed a wri...

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Bombay High Court Dismisses Writ Petition Challenging Recovery of Excess Salary Paid to Employee Due to Mistaken Fixation of Pay Scale. Petitioner failed to challenge the recovery order within reasonable time and the recovery was based on a mistake of law.

The petitioner, Smt. E.S.S. Almeida, filed a writ petition before the Bombay High Court at Goa challenging an order dated 24-09-2003 passed by the res...

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Bombay High Court Dismisses Appeal in Probate Case, Holding Injunction Not Maintainable in Testamentary Proceedings. Executor Must Seek Property Protection Before Civil Court, Not in Probate Petition Under Indian Succession Act, 1925.

The appellant, Ramchandra Ganpatrao Hande, filed a testamentary petition seeking probate of a will allegedly executed by Sushila Vithalrao Hande on 2 ...

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Bombay High Court Dismisses Appeal by Cadila Pharmaceuticals in Passing Off Action by Medley Laboratories. Marks 'HB TONE' and 'RB TONE' Held Deceptively Similar for Pharmaceutical Products, Injunction Confirmed.

The appeal arises from a suit filed by the respondents (original plaintiffs) against the appellant (original defendant) for infringement and passing o...

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Bombay High Court Dismisses Petition Challenging Rejection of Application Under Section 9-A CPC for Framing Issue of Res Judicata as Preliminary Issue. Res Judicata is Not a Jurisdictional Issue Under Section 9-A CPC, Hence Application Not Maintainable.

The petitioner, Kisanrao Kulkarni, was a defendant in a civil suit (RCS No.79/2008) filed by the respondent/plaintiff for declaration of ownership and...

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Bombay High Court Quashes Agreement for Sale of Open Amenity Space by Municipal Corporation to Private Developer. Municipal Corporation Cannot Alienate Public Amenity Space Reserved Under Development Plan Without Following Statutory Procedure Under Maharashtra Regional and Town Planning Act, 1966.

The petitioner, Prashant Bhagwantrao Palande, a resident of Mira Road, filed a writ petition under Article 226 of the Constitution of India challengin...

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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Constructions in Shirdi — Held That No Notice Under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 Is Required Before Demolition of Unauthorized Structures Under Section 52.

The judgment concerns two writ petitions filed by residents of Shirdi challenging the demolition of their structures by the Shirdi Nagar Panchayat. Th...