Search Results for "Guardianship"

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Bombay High Court Dismisses Father's Petition Challenging Temporary Custody of 5-Year-Old Daughter to Mother. Mother is preferred custodian for female child of tender years under Section 6 of Hindu Minority and Guardianship Act, 1956, as welfare of child is paramount.

The case involves a custody dispute between a husband and wife over their 5-year-old daughter. The parties married on 07.09.2014 and had a female chil...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction for Kidnapping and Rape of Minor Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 363, 366(A), 376(2)(i) IPC and Section 6 POCSO Act.

The appellant, Maula s/o Babu Kotwal, was convicted by the Special Judge, Osmanabad in Special (POCSO) Case No.21 of 2015 for offences under Sections ...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Suit for possession based on title and prior possession; appellate court refused to re-appreciate evidence in second appeal under Section 100 CPC.

The present second appeal was filed by the original defendant No.1 challenging the judgment and decree passed in Regular Civil Appeal No.238 of 1987 b...

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High Court of Bombay at Aurangabad Upholds Conviction of Appellant for Rape and Kidnapping of Minor - Seven-Year Sentence Affirmed. Consistent Testimony of Prosecutrix and Medical Evidence Sufficient to Sustain Conviction Under Sections 363 and 376 IPC.

The appellant, Balaji Maruti Kamble, was convicted by the Additional Sessions Judge, Latur, for offences under Sections 363 and 376 of the Indian Pena...

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Bombay High Court Allows Adoption Petition in Juvenile Justice Act Case Due to Mechanical Rejection by District Judge. District Judge Failed to Consider Merits and Call for Reports Under Section 41 of Juvenile Justice (Care and Protection of Children) Act, 2000.

The petitioners, Ashok Dinaji Ramteke and his wife Ujjwala, filed a writ petition challenging the order dated 17.4.2014 passed by the learned District...

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Bombay High Court Allows Father's Custody Petition for Minor Son in Habeas Corpus Proceedings. Father, acquitted of murder charges, held entitled to custody of his child as natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956, despite allegations of misconduct.

The petitioner, Amol Ramesh Pawar, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking custody of his minor son Teja...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased Driver. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased's Own Negligence Was Established.

The case arises from a motor accident claim filed by the legal heirs of Samsuddin Ansari, who died in a collision between a truck (MP-20-HB-5499) and ...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased Driver. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased's Own Negligence Contributed to Accident.

The case arises from a motor accident claim where the deceased, Samsuddin Ansari, died in a truck accident. The claimants, being the wife, minor child...

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Bombay High Court Allows Widows' Petition for Succession Certificate Under Section 372 of Indian Succession Act, 1925 — Held That Widows and Minor Children of Deceased Coparceners Are Entitled to Equal Share in Joint Family Property Despite Objections by Male Coparceners.

The petitioners, being the widows and minor children of deceased coparceners (Abhay Vithal Mandle, Raosaheb Vithal Mandle, and Baban Vithal Mandle), f...