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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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Supreme Court Refers Challenge to Abrogation of Article 370 to Larger Bench Due to Conflicting Precedents. The Court finds conflicting views on whether Article 370 is temporary or permanent, requiring resolution by a larger Bench.

This order by the Supreme Court of India deals with a preliminary issue in a batch of petitions challenging the constitutional validity of two Constit...

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Bombay High Court Quashes Scrutiny Committee Order Invalidating Scheduled Tribe Certificate. Committee Failed to Consider Relevant Documents and Applied Incorrect Standard of Proof.

The petitioner, Vithoba Balkrishna Thumbare, obtained a caste certificate dated 28 June 2002 from the competent authority declaring him as belonging t...

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Supreme Court Holds Police Cannot Seize Immovable Property Under Section 102 CrPC. The expression 'any property' in Section 102(1) CrPC means only movable property, and immovable property cannot be seized by police during investigation.

The Supreme Court in this judgment resolved a long-standing conflict of opinion in the Bombay High Court regarding the interpretation of Section 102 o...

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Bombay High Court Allows Writ Petition Challenging Caste Scrutiny Committee Order Rejecting Thakur Scheduled Tribe Claim Due to Perversity. Committee Directed to Reconsider Claim Giving Weight to Cousin Brother's Validity Certificate.

The petitioner, Sachin Subhash Thakur, appeared for the Common Entrance Test for Engineering/Technology Admissions in 2018 and sought admission to an ...

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Bombay High Court Allows Appeals in MCOC Act Case Due to Lack of Sufficient Material and Non-Application of Mind in Granting Approval and Sanction. Appellants Discharged Under Section 227 CrPC as Material on Record Did Not Warrant Framing of Charge Under MCOC Act.

The present appeals were filed by Sachin Bansilal Ghaiwal and Umesh Mohan Kirve, who were accused Nos. 3 and 9 respectively in a case registered under...

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Bombay High Court Holds City Civil Court is District Court Under Mental Health Act, 1987 — Reference to Larger Bench Resolved. The High Court in its Ordinary Original Civil Jurisdiction is not the District Court for the purposes of the Mental Health Act, 1987.

The case involved a reference to a larger bench to resolve a conflict between two learned single judges of the Bombay High Court regarding the interpr...