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Bombay High Court Dismisses ED's Petition Seeking Locus in Closure Report Filed by State in Private Complaint. ED cannot intervene in a closure report filed by the State in a private complaint case under Section 173 Cr.P.C. as it is not an aggrieved party.

The Directorate of Enforcement (ED) filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Crimi...

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High Court of Karnataka Dismisses Habeas Corpus Petition by Father for Custody of Minor Child — Child in Mother's Custody Not Illegally Detained. Writ of Habeas Corpus Not Maintainable Where Custody Is with Natural Guardian and No Illegal Detention Is Shown.

The petitioner, Vayu Kishore, father of a 4-year-old minor child, Miss Vindhya Kishore, filed a writ of habeas corpus under Articles 226 and 227 of th...

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Bombay High Court Directs Strict Compliance with Child Victim Rights in POCSO Cases. Court Mandates Implementation of Section 40 POCSO Act and Section 439(1-A) CrPC to Ensure Child Participation and Legal Assistance.

The petitioner, a social worker assisting child victims of sexual abuse, filed a Public Interest Litigation before the Bombay High Court seeking enfor...

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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 Upholds Termination of Probationary District Judge for Unsatisfactory Performance. Termination under Rule 13(4)(ii)(b) of Maharashtra Judicial Service Rules, 2008 is valid and not stigmatic.

The petitioner, Smt. Smita Rajendra Kadu, was appointed as a District Judge (direct recruitment) under the Maharashtra Judicial Service Rules, 2008. S...

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Bombay High Court Allows Second Appeal in Partition Suit — Sales by Karta Not Binding on Coparceners. Court holds that alienation of joint family property by a karta without legal necessity or benefit to estate does not bind other coparceners under Hindu law.

The case involves a second appeal filed by the original defendant No.1 against the judgment of the appellate court in a partition suit. The plaintiffs...

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Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...

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Gujarat High Court Allows Appeal of Minor Injured in Motor Accident — Compensation Enhanced from Rs. 17,52,000/- to Rs. 23,88,000/-. Notional income of minor assessed at Rs. 15,000/- per month with 40% future prospects and 67.53% permanent partial disability.

The case involves an appeal by the original claimant, a minor injured in a motor accident, against the judgment and award dated 15.03.2022 passed by t...