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Gujarat High Court Acquits Accused in Kidnapping Case Due to Inconsistent Evidence and Consensual Relationship. Conviction under Section 363 IPC Set Aside as Prosecution Failed to Prove Age of Victim and Lack of Consent.

The appellant, Bharwad Somabhai Rambhai, was convicted under Section 363 of the Indian Penal Code (IPC) by the learned Fourth Fast-Track Judge and Add...

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Gujarat High Court Dismisses Habeas Corpus Petition by Mother Seeking Custody of Minor Daughter from Father. Custody Dispute Between Parents Must Be Adjudicated Under Guardians and Wards Act, 1890, Not Through Habeas Corpus, as Father's Custody as Natural Guardian Is Not Per Se Illegal.

The petitioner, Kinjal, filed a habeas corpus petition seeking production of her four-year-old daughter Trishika, alleging that the child was in the u...

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High Court of Karnataka Quashes FIR in Kidnapping Case Where Minor Child Voluntarily Accompanied Father — Custody Dispute Between Parents Does Not Attract Section 363 IPC. Father's Petition Under Section 482 CrPC Allowed as No Force or Deceit Established and Matter Pertains to Custody, Not Kidnapping.

The petitioner, Kushagra Sinha, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No.53/2023 r...

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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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Supreme Court Allows Appeal in Property Dispute Over Limitation for Voidable Alienations by Guardian. Suit for Declaration and Possession Without Seeking Setting Aside of Sale Deeds Held Maintainable Under Article 65 of Limitation Act, 1963.

The case involves a property dispute arising from a Will executed by Petha Gounder on 17.05.1971, bequeathing a life interest to his sons Kannan and B...

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Bombay High Court Allows Second Appeal in Minor's Property Sale Case — Mother's Sale Without Court Permission Void. Sale of Minor's Share by Mother as De Facto Guardian Without Prior Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956 Held Void Ab Initio.

The appellant, Rameshwar Paul, originally a minor, filed a suit through his father as next friend seeking declaration that a sale deed executed by his...

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Bombay High Court Acquits Appellants in Kidnapping Case Due to Voluntary Accompaniment by Minor. No 'Taking' Established Under Section 361 IPC as Minor Left Father's House of Her Own Free Will.

The appellants, Ashit s/o Adil Biswas, Madhav s/o Balram Gharami, and Suresh s/o Ramdas Bawankar (since abated), were convicted under Section 363 of t...

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Bombay High Court Quashes FIR in SC/ST Act Case Due to Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The petitioners, Bapu Ladkat, Suresh Supekar, and Devidas Bhople, filed a criminal writ petition under Article 226 of the Constitution and Section 482...