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Supreme Court Declares Accused Juvenile and Quashes Death Sentence Under Juvenile Justice Act, 2015. Age Determination Based on School Birth Certificate Prevails Over Ossification Test, Leading to Release After Over 5 Years Incarceration as Maximum Sentence for Juvenile Below 16 is 3 Years.

The Supreme Court heard appeals challenging the judgment and order dated 15.11.2018 of the Madhya Pradesh High Court, which affirmed the death sentenc...

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Bombay High Court Dismisses Father's Appeal in Child Custody Dispute, Upholds Mother's Custody Based on Child's Welfare. The court held that the welfare of the child is paramount, and the mother's custody was in the child's best interest under Section 6 of the Hindu Minority and Guardianship Act, 1956.

The case involves a custody dispute between the appellant father, Mr. Arun Sharma, a Hindu, and the respondent mother, Roxann Sharma, a Christian Amer...

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Karnataka High Court Dismisses Habeas Corpus Petition for Missing Female Baby — No Illegal Detention Established. Court holds that habeas corpus is not maintainable when the alleged detenu is not in custody of respondents and the petitioner fails to prove illegal detention.

The petitioner, Smt. Shankramma Poojari, a fruit vendor, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India before...

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Bombay High Court Confirms Death Sentence for Accused in Rape and Murder of Two-Year-Old Child. The court upheld the conviction under Section 302 IPC, Section 376A IPC, and Section 6 of POCSO Act, finding the crime to be in the 'rarest of rare' category.

The case involves the confirmation of a death sentence and an appeal against conviction for the rape and murder of a two-year-old child. The incident ...

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Bombay High Court Allows Maternity Leave for Mother Through Surrogacy Under Maternity Benefit Act, 1961. The court held that the Maternity Benefit Act, 1961 is a beneficial legislation and must be interpreted purposively to include a commissioning mother who has a child through surrogacy.

The petitioner, Dr. Hema Vijay Menon, a lecturer, lost her only son in 2010. After unsuccessful IVF attempts, she opted for surrogacy. In March 2013, ...

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Bombay High Court at Goa Acquits Appellants in Infanticide Case Due to Lack of Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove murder beyond reasonable doubt.

The appellants, Shantaram Raikar/Gaonkar and Shashikala Raikar/Gaonkar, were convicted by the Children's Court, Panaji, for the murder of their newbor...

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Bombay High Court Allows Writ Petition for Compensation in Medical Negligence Case — State and Doctors Held Liable for Death Due to Negligent Sterilization Operation. Failure to Provide Adequate Post-Operative Care Amounts to Violation of Right to Health Under Article 21 of the Constitution.

The petitioners, Prabhabai and her husband Gullu @ Fulsingh Ragade, residents of Amgaon, Gondia, filed a writ petition seeking compensation for the de...