The Ultimate Goal oF     

'Nagpur Bench of Bombay High Court comprising of Justice Vinay Joshi and Justice Valmiki S. A. Menezes quashed a case registered against the husband (petitioner) under section 363 of IPC for allegedly taking away his 3 years old son from the custody of wife.' The court has refered to the proviso to the Hindu minority and guardianship act 1956 which defines the 'Natural Guardian' of the child. The court noted that the husband (petitioner) is a natural guardian and he is a lawful guardian too. Booked on the aforesaid fact, the High Court quash the first the information report holding that the continuation of such prosecution would amount to abuse of process of law..

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‘That, the Supreme Court also condemns the role of the Indian Overseas Bank in taking possession of the properties and directed to maintain status quo ante.’ That, the Hon’ble Apex Court comprising of the Hon’ble Shri Justice Abhay S. Oka & Hon’ble Shri Justice Pankaj Mittal, in Special Leave Petition in Civil Appeal No.6736 of 2023 pleased to quash and set aside the impugned order dated 27th September 2023 and also dismissed the Writ Petition on the ground that the statutory remedy was available to the respondent no.1- Bank. The Hon’ble Apex Court observed that the jurisdiction of Hon’ble High Court under Article 226 is no doubt very wide; however the propriety and judicial discipline required the Hon’ble High Court not to entertain such petition. The Hon’ble Apex Court passed the order on the petition filed by one Pankajkumar Tiwari, alleging that the High Court has passed the interim orders directing to deliver the possession to the Overseas Bank without hearing him and even contended that the writ Court has no jurisdiction to entertain the petition in the light of the fact that the order of appointing receiver, which was impugned in the Writ Petition before Bombay High Court was passed by the Court of Civil Judge, Senior Division, Siwan (Uttar Pradesh). The Hon’ble Apex Court while allowing the Special Leave Petition filed by the Pankajkumar Tiwari, directed the respondent no.1- Indian Overseas Bank to approach the Court at Siwan and to file appropriate written statement and reply to the application for appointment of receiver. Advocate Sunil Murarka, Satyajit Desai, Ishwar S. Charlewar, Angha S. Desai, appeared for the petitioner – Pankajkumar Tiwari and Senior Advocate Mr. Gopal Shankarnarayanan along with Prachi Johri, Drupad Waghnani appeared for respondent No.1- Indian Overseas Bank..

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‘That, the Supreme Court also condemns the role of the Indian Overseas Bank in taking possession of the properties and directed to maintain status quo ante.’ That, the Hon’ble Apex Court comprising of the Hon’ble Shri Justice Abhay S. Oka & Hon’ble Shri Justice Pankaj Mittal, in Special Leave Petition in Civil Appeal No.6736 of 2023 pleased to quash and set aside the impugned order dated 27th September 2023 and also dismissed the Writ Petition on the ground that the statutory remedy was available to the respondent no.1- Bank. The Hon’ble Apex Court observed that the jurisdiction of Hon’ble High Court under Article 226 is no doubt very wide; however the propriety and judicial discipline required the Hon’ble High Court not to entertain such petition. The Hon’ble Apex Court passed the order on the petition filed by one Pankajkumar Tiwari, alleging that the High Court has passed the interim orders directing to deliver the possession to the Overseas Bank without hearing him and even contended that the writ Court has no jurisdiction to entertain the petition in the light of the fact that the order of appointing receiver, which was impugned in the Writ Petition before Bombay High Court was passed by the Court of Civil Judge, Senior Division, Siwan (Uttar Pradesh). The Hon’ble Apex Court while allowing the Special Leave Petition filed by the Pankajkumar Tiwari, directed the respondent no.1- Indian Overseas Bank to approach the Court at Siwan and to file appropriate written statement and reply to the application for appointment of receiver. Advocate Sunil Murarka, Satyajit Desai, Ishwar S. Charlewar, Angha S. Desai, appeared for the petitioner – Pankajkumar Tiwari and Senior Advocate Mr. Gopal Shankarnarayanan along with Prachi Johri, Drupad Waghnani appeared for respondent No.1- Indian Overseas Bank..

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