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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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High Court of Karnataka Dismisses Petition to Quash FIR Against School Authorities Accused Under POCSO Act. Court Holds that Statutory Duty to Report Child Sexual Abuse Overrides Institutional Silence and Upholds Investigation for Failure to Report Under Section 21.

The judgment arises from a criminal petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR registe...

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Karnataka High Court Adjudicates Appeal Concerning Custody of Minor Child Under Guardians and Wards Act, 1890. Appeal challenges Family Court's order granting custody to father based on allegations of mother's adulterous conduct and welfare considerations.

The matter pertains to a first appeal filed under Section 47(c) of the Guardians and Wards Act, 1890, challenging the judgment and decree dated 03.03....

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Bombay High Court Dismisses Plaintiff's Copyright Infringement Claim Against Film 'Umeed' — No Substantial Similarity Found. Court holds that ideas and themes are not copyrightable under the Copyright Act, 1957, and that the plaintiff failed to establish access or copying.

The plaintiff, Shivani Tibrewala, a writer/director, filed a suit alleging copyright infringement by the defendants, Rajat Mukherjee and others, in re...

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Supreme Court Commutes Death Sentence to Life Imprisonment in Child Rape and Murder Case. Judicial Confession and Last Seen Theory Upheld but Death Penalty Not Warranted as 'Rarest of Rare'.

The case involves the ghastly rape and murder of two children aged 10 and 7 years. On 29 October 2010, Mohanakrishnan picked up the children from outs...

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Bombay High Court Upholds Challenge to Conditions on Advocate-Prisoner Meetings, Directs Modernization of Jails. Prisoner's right to visits by family and friends under Article 21 of Constitution of India recognized, subject to reasonable restrictions, in line with Sunil Batra precedent.

The Public Interest Litigation was filed by a registered society and an under-trial prisoner challenging the communication dated 24th August 2015 issu...

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Bombay High Court Sets Aside Family Court Order Disturbing Child Custody Based on Consent Without Welfare Inquiry. The court held that a custody order under Section 8 of the Guardians and Wards Act, 1890 cannot be passed solely on consent without considering the welfare of the child.

The case involves an appeal by the father (Appellant 'A') against a Family Court order dated 15 July 2014 that disturbed the custody of his two minor ...

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Bombay High Court Upholds Striking Off Wife's Defence for Breach of Access Order in Divorce Proceedings. Family Court's Power Under Section 24 of Hindu Marriage Act, 1955 Includes Striking Off Defence for Non-Compliance with Interim Orders.

The case involves a writ petition filed by the wife, Mrs. Vimi Vinod Chopra, challenging the order of the Family Court No. 4, Mumbai dated 13.10.2010,...