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High Court of Karnataka Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Ownership Based on Will Upheld. Court holds that concurrent findings of fact cannot be interfered with under Section 100 CPC unless perverse or based on no evidence.

The Regular Second Appeal was filed by the defendant-appellant against the concurrent judgment and decree of the Trial Court and First Appellate Court...

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Bombay High Court Quashes Scrutiny Committee Order Invalidating Scheduled Tribe Claim of Thakar Candidate. Pre-Constitutional School Records and Consistent Entries of 'Thakar' Caste Outweigh Discrepancies in Father's Certificate.

The petitioner, Manisha Thakar, obtained a caste certificate on 12 October 2001 from the Sub-Divisional Officer, Kankavli, declaring her as belonging ...

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Bombay High Court Dismisses Wife's Application to Stay UK Divorce Proceedings and Grant Anti-Suit Injunction. Court holds that Indian courts cannot restrain a party from pursuing divorce proceedings in a foreign court where the respondent is domiciled and the marriage was not consummated in India.

The plaintiff wife filed a Notice of Motion seeking an ex-parte ad-interim order to stay divorce proceedings initiated by the defendant husband in the...

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Bombay High Court Appoints Maternal Grandfather as Guardian of Minor Child Whose Father is Accused of Murdering Mother. Welfare of Child Paramount Under Guardians and Wards Act, 1890 — Father's Unfitness Due to Criminal Charges and Incarceration Leads to Grandfather's Custody.

The case involves two guardianship petitions concerning a minor girl, Angelina Miranda, aged 3 years 9 months. The maternal grandfather filed Guardian...

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Bombay High Court Allows Writ Petitions Challenging Rejection of Halba Scheduled Tribe Claim by Scrutiny Committee — Affinity Test Not Sole Determinant. Court Holds That Consistent Documentary Evidence Showing Caste as Halba Cannot Be Ignored and Directs Reconsideration.

The petitioners, who are real sister and brothers, filed writ petitions before the Bombay High Court at Nagpur Bench, challenging the decision of the ...

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Bombay High Court Allows Revision Against Framing of Charge Under Section 304B IPC in Dowry Death Case. Trial Court Exceeded Jurisdiction by Framing Charge Under Section 304B IPC When Charge Sheet Only Alleged Sections 498A and 306 IPC, and No Prima Facie Case for Dowry Death Was Made Out.

The case involves a criminal revision application filed by three applicants (original accused) against the framing of charge under Section 304B of the...

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Bombay High Court Allows Rejection of Plaint in Trust Dispute for Non-Compliance with Section 50 of Bombay Public Trust Act, 1950. Suit by devotees challenging removal of deity held barred without Charity Commissioner's consent.

The case involves a Notice of Motion filed by defendant trustees (defendant Nos. 1, 3, 4, and 5) in a suit seeking rejection of the plaint under Order...

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Bombay High Court Upholds Acquittal in Bigamy Case Due to Lack of Proof of Second Marriage. Complainant Failed to Prove Essential Ceremonies of Second Marriage Under Section 494 IPC.

The appellant, Mahadevi Manohar Sakhare, filed a criminal appeal against the judgment and order dated 27/3/1991 passed by the Judicial Magistrate, Fir...