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High Court of Karnataka Allows Appeal in Insurance Nomination Dispute — Mother of Deceased Policyholder Entitled to Insurance Proceeds as Nominee Under Section 39 of Insurance Act, 1938. Nominee is a Trustee, Not Beneficial Owner; Suit for Declaration and Injunction by Legal Heirs Not Maintainable.

The appellant, Smt. Yashodha, is the mother and nominee of the deceased policyholder, Sri Rohith S, who died intestate. The respondents, Smt. Rashmi J...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Failure to Prove Age of Victim. Conviction under Section 4 of POCSO Act and Section 376(2)(i) IPC set aside as prosecution failed to establish victim was a child below 18 years.

The appellant, Mahesh S/o Kundlik Dhavare, was convicted by the Special Judge, Osmanabad in Special (POCSO) Case No.26 of 2015 for offences under Sect...

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High Court of Karnataka Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 366, 343, 376 IPC and Section 6 of POCSO Act set aside as victim's testimony was unreliable and medical evidence did not support rape.

The appellant was convicted by the Additional District & Sessions Judge, Special Judge, Hassan in Special Case No.65/2014 for offences under Sections ...

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High Court of Karnataka Allows Bail to Juvenile Accused in POCSO Case — Emphasizes Liberal Approach Under Juvenile Justice Act. The court held that the JJ Board and Sessions Court erred in rejecting bail without considering the petitioner's juvenility and the beneficial provisions of the JJ Act.

The petitioner, a minor represented by his father, filed a criminal revision petition under Section 397 read with Section 401 of Cr.P.C. challenging t...

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High Court of Bombay at Goa Quashes Regularisation of Encroachment on Communidade Land in Public Interest Litigation. Administrative Tribunal's Order Regularising Unauthorised Construction by Minister Set Aside for Lack of Jurisdiction and Violation of Communidade Land Protection Laws.

The petitioner, an advocate and public spirited citizen, filed a Public Interest Litigation challenging the order of the Administrative Tribunal (resp...

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Bombay High Court Dismisses Husband's Petition Challenging Domestic Violence Complaint by Wife and Son. Long Separation Does Not Bar Complaint Under Protection of Women from Domestic Violence Act, 2005; Son is an Aggrieved Person.

The petitioner, Kishor Kale, filed a criminal writ petition challenging the proceedings in Misc. Criminal Complaint Case No.314/2007 filed by his wife...