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High Court of Bombay at Nagpur Dismisses Election Petition for Non-Compliance with Section 83 of the Representation of the People Act, 1951 — Failure to Disclose Material Facts and Proper Verification Renders Petition Liable for Summary Dismissal.

The petitioner, Kishor Uttamrao Gajbhiye, filed an election petition under Section 80 of the Representation of the People Act, 1951, challenging the e...

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High Court considers challenge to Indian Nursing Council's authority to recognise nursing institutions under Indian Nursing Council Act, 1947. Petitions filed questioning INC's power to publish list of recognised institutions and state reliance on INC approval for scholarships and admissions.

The matter involved two writ petitions filed before the Aurangabad Bench of the Bombay High Court. The first petition, Writ Petition No. 11260 of 2017...

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Bombay High Court Quashes Prosecution Against Accused in Obscene Gesture Case — No Prima Facie Case Under Section 294 IPC. Gesture between husband and wife in fashion show not obscene; co-accused cannot be vicariously liable without active participation.

The petitioner, Ms. Abigail Stepen Rosa, was accused no.3 in Criminal Case No.398/PS/2010 pending before the Metropolitan Magistrate, 32nd Court, Band...

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Bombay High Court Partially Examines Appeal Against Conviction Under Sections 302 and 201 IPC — Judgment Incomplete. Accused's Extra-Judicial Confession to Social Worker and Circumstantial Evidence Assessed Without Final Determination.

The appeal arose from a sessions trial where the accused, a practising lawyer, was convicted under Sections 302 and 201 of the Indian Penal Code, 1860...

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Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

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Supreme Court Partially Strikes Down FCRA Amendment Act 2020 — Ban on Transfer of Foreign Funds and Mandatory Aadhaar Held Unconstitutional. The court upheld the requirement of a single FCRA account at SBI New Delhi as a reasonable regulatory measure to prevent misuse of foreign funds.

The judgment deals with a batch of writ petitions challenging the constitutional validity of certain amendments made to the Foreign Contribution (Regu...

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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...