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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Criminal Intent. Complaint under Section 338 IPC fails as essential ingredients of grievous hurt by rash or negligent act not established without expert evidence.

The petitioner, a practicing ophthalmologist, challenged the judgment of the Additional Sessions Judge, Pune, which upheld the Magistrate's order issu...

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Bombay High Court Upholds Juvenile Board's Decision to Try Older Juvenile as Adult in Murder Case — Section 15 of Juvenile Justice Act, 2015 Requires Individualized Assessment of Physical and Mental Capacity to Commit Offence.

The case involves two juveniles, aged 17.5 years and 16.5 years, accused of murdering a three-and-half-year-old child. The Juvenile Justice Board, aft...

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Bombay High Court Holds Caste Certificate Must Be from Native Place Authority in Scheduled Tribe Claim Case. Full Bench Answers Reference Affirmatively, Overruling Niraj More's View on Jurisdictional Validity of Caste Certificates.

The case arose from a reference made by a Division Bench in Rajendra Thakur v. State of Maharashtra, which disagreed with the earlier Division Bench d...

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Bombay High Court Allows Termination of 23-Week Pregnancy Due to Fatal Cardiac Anomaly - Medical Board Opinion of Substantial Risk of Serious Handicap Justifies Abortion Under Medical Termination of Pregnancy Act, 1971.

The petitioners, a married couple, sought termination of the first petitioner's pregnancy of approximately 24 weeks (later determined as 23 weeks by t...

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Bombay High Court Commutes Death Sentence to Life Imprisonment in POCSO Case. The court held that the case does not fall within the 'rarest of rare' category and the possibility of reformation cannot be ruled out.

The case involves the confirmation of death sentence and appeals against conviction under the Protection of Children from Sexual Offences Act, 2012 (P...

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Bombay High Court Allows Writ Petition Challenging Invalidation of Scheduled Caste Certificate. Conversion to Christianity Does Not Automatically Result in Loss of Scheduled Caste Status; Scrutiny Committee Must Consider Community Acceptance.

The petitioner, Kiranlata Sontakke, claimed to belong to the Mahar caste, a Scheduled Caste. She was appointed as a Staff Nurse in 1995. Her caste cer...