Search Results for "paramount consideration"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "paramount consideration"

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High Court

Bombay High Court Dismisses Custody Petitions by Mothers in Dawoodi Bohra Succession Dispute — Interim Custody of Children Granted to Fathers Pending Final Determination in Guardianship Proceedings. The court held that the welfare of the children is paramount and that the children's current living arrangements with their fathers should not be disturbed pending final adjudication, while granting visitation rights to the mothers.

23 Dec 2015

The petitioners, Arwa Taha Saifuddin and Fatema Ibrahim Ezzuddin, are sisters married to Taha Mufaddal Saifuddin and Ibrahim Qaidjoher Ezzuddin, respe...

Supreme Court

Supreme Court Allows Father's Custody of Minor Child in Habeas Corpus Petition, Upholds Natural Guardian's Right. The court held that the father, as natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956, is entitled to custody unless shown to be unfit, and the welfare of the child is best served by being with the surviving parent.

6 May 2019

The Supreme Court dismissed an appeal against the Bombay High Court's judgment ordering the custody of a minor girl child to her father, respondent No...

Supreme Court

Supreme Court Allows Mother's Appeal in NRI Child Custody Dispute — Best Interest of Child Requires Full Hearing Before Return. The Court set aside the High Court's order for immediate return of children to the US, directing the Family Court to decide custody based on welfare, not merely on comity or habitual residence.

15 Mar 2019

The case involves a custody dispute between Lahari Sakhamuri (mother/appellant) and Sobhan Kodali (father/respondent) over their two minor children, b...

High Court

High Court of Karnataka Dismisses Habeas Corpus Petition for Minor Child in Custody Dispute Between Parents — Mother's Petition Fails as Child is in Father's Custody, Not Illegal Detention. The court held that habeas corpus is not the appropriate remedy for custody disputes; the welfare of the child is paramount and should be adjudicated in family court proceedings.

29 Sep 2023

The petitioner, Smt. Archana Pradhan, filed a writ of habeas corpus under Article 226 of the Constitution of India before the High Court of Karnataka ...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in SARFAESI Act Priority Dispute — Employees' Dues Cannot Override Bank's Claim Over Sale Proceeds of Co-operative Society's Assets. The Court held that Section 529A of the Companies Act, 1956 does not apply to co-operative societies due to Section 167 of the Maharashtra Co-operative Societies Act, 1960, and employees' dues recoverable as arrears of land revenue do not create a paramount charge over secured assets.

4 Dec 2019

The appeal arose from a dispute between the Maharashtra State Co-operative Bank Ltd. (appellant) and employees of Vainganga Sahakari Sakhar Karkhana L...

Supreme Court

Supreme Court Modifies Custody and Visitation Order in Guardianship Dispute — Directs Continuation of Minor Child in Boarding School with Enhanced Visitation Rights for Mother. The Court upheld the High Court's direction for the child's admission in Good Shepherd International School, Ooty, but modified the visitation schedule to allow the mother custody during entire summer vacation and half of winter vacation, balancing the child's relationship with both parents under the Guardian and Wards Act, 1890.

1 Jul 2019

The case involves a custody and guardianship dispute between the appellant (mother) and respondent (father) over their minor daughter, Aditi, born on ...

Supreme Court

Supreme Court Allows Appeal in Child Custody Case, Setting Aside High Court's Habeas Corpus Order. The Court Held that Habeas Corpus is Not Appropriate for Custody Disputes and the Welfare of the Child is Paramount Under Section 6 of the Hindu Minority and Guardianship Act, 1956, Requiring a Fresh Assessment by a Family Court.

12 Jan 2022

The appeal arose from a dispute between a wife (appellant no.1) and husband (respondent no.1) over the custody of their minor son, a US citizen born i...

High Court

Bombay High Court Allows Appeal by Maternal Grandfather Against Father's Custody of Minor Children Under Guardian and Wards Act — Welfare of Children Paramount. The court held that the welfare of the minor is the paramount consideration and that the father's right is not absolute, denying custody to the father as it was not in the children's best interest.

4 Jul 2017

The case involves an appeal against an order of the District Judge, Darwha, directing the maternal grandfather (appellant no.1) to hand over custody o...

Supreme Court

"Supreme Court Upholds Custody of Minor Child with Aunt and Family Based on Child's Welfare" "Stability and child's well-being outweigh biological claims in custody battle."

4 Mar 2024

The Supreme Court of India, ruled that the custody of a 14-year-old girl, Sumaiya Khanam (also known as Dania Aman Khan), would remain with her aunt,...

High Court

High Court of Karnataka Quashes Magistrate's Order in Animal Cruelty Case — Petitioner NGO Lacks Locus Standi as Informant Not Authorized. Section 482 CrPC Petition Allowed as Complaint Filed by Unauthorized Person Cannot Be Entertained Under Section 11 of Prevention of Cruelty to Animals Act, 1960 and Section 428 IPC.

9 Feb 2021

The petitioner, Compassion Unlimited Plus Action, an NGO, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to...

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