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High Court of Bombay at Goa Upholds Conviction for Kidnapping in POCSO Case — Acquittal on Sexual Offences Stands. Appellant convicted under Section 363 IPC for taking a minor without consent, but acquitted of rape and sexual assault due to lack of credible evidence.

The appellant, Issub Khan, was convicted by the Fast Track Court (POCSO) at Panaji for the offence of kidnapping under Section 363 of the Indian Penal...

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Bombay High Court Allows Wife's Petition Challenging Reversal of Maintenance Under Domestic Violence Act. Appellate court erred in setting aside maintenance without considering wife's entitlement under Section 20 of Protection of Women from Domestic Violence Act, 2005.

The petitioner, Madhura Milind Gadgil, married respondent No.1, Milind Neelkant Gadgil, on 26 May 1990. A daughter was born on 5 July 1991. In 1997, t...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 4, 5(m) and (n) read with Section 6 of POCSO Act set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Shaikh Anees, was convicted by the Special Judge (POCSO Act), Aurangabad, for offences under Sections 4, 5(m) and (n) read with Section...

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Bombay High Court Allows Section 11 Applications to Appoint Arbitrator in LLP and Trust Dispute Over School Management Agreements. Court Holds That Arbitration Clause in School Management Services Agreement Binds Non-Signatory Trust Due to Interconnected Agreements.

The judgment concerns two arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Edufocus International Edu...

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Bombay High Court Allows Public Interest Litigation Seeking Directions to Media Not to Disclose Rape Victim Identity. Court Holds That Section 228-A IPC and Supreme Court Directions in Nipun Saxena Case Must Be Strictly Followed by Print and Electronic Media.

The petitioner, Sangita Tanpure, the mother of a rape victim, filed a Public Interest Litigation before the Bombay High Court seeking directions to th...

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Bombay High Court Allows State's Petition Challenging NCLT Order De-freezing MPID Attached Accounts. MPID Act Overrides IBC for Attachment and Confiscation of Properties of Financial Establishments.

The State of Maharashtra, through the Deputy Collector and Competent Authority (NSEL), filed a writ petition under Articles 226 and 227 of the Constit...

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High Court of Karnataka Dismisses Writ Petition Challenging Consumer Forum Orders in Execution Proceedings. No Jurisdictional Error Found in Attachment of Property for Enforcement of Consumer Award Under Consumer Protection Act, 1986.

The petitioners, M/s Sequeira Star Home Builders and others, filed a writ petition under Articles 226 and 227 of the Constitution of India read with S...

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Bombay High Court Grants Bail to Accused in Rape Case Due to Lack of Prima Facie Evidence and Delay in FIR. The court held that the prosecution failed to establish a prima facie case under Sections 376, 354, 509, 504, 201, 34 IPC, and granted bail under Section 439 CrPC.

The applicant, John Fernandes, was accused of rape and other offenses under the Indian Penal Code. The incident allegedly occurred on December 2, 2009...

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Bombay High Court Allows Victim Compensation Appeals Under Section 357A CrPC — State Must Compensate Victims Even if Accused Acquitted or Untraced. The court held that victim compensation is a mandatory duty of the State, not dependent on conviction of the accused.

The judgment concerns four criminal appeals (Criminal Appeal Nos. 991, 992, 331, and 854 of 2011) heard together by the Bombay High Court. The appeals...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistencies in Evidence. Conviction under Section 6 of POCSO Act and Section 506 Part-I IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Nagesh s/o Samayya Made, was convicted by the learned Sessions Judge, Gadchiroli in Special (POCSO) Case No.21/2016 for offences under ...