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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...

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Jurisdictional Limits on State Interference in Land Rights: State of West Bengal v. Jai Hind Pvt. Ltd., Civil Appeal No. 7407 of 2012

The case arose from a dispute involving land/tenancy rights and administrative interference by State authorities in West Bengal. The High Court had se...

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Supreme Court Allows Appeals by Bar Bodies and Advocate, Holding Advocates Not Liable Under Consumer Protection Act. Legal Profession is Sui Generis and Excluded from Definition of 'Service' Under Consumer Protection Act, 1986/2019.

The Supreme Court considered a batch of appeals arising from an order of the National Consumer Disputes Redressal Commission (NCDRC) which held that c...

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Bombay High Court Dismisses Appeals in Land Dispute and Teacher Recruitment Cases — Upholds Single Judge's Orders on Limitation and Selection Process. In LPA No.177/2012, appeal dismissed as barred by limitation; in LPA No.288/2011, selection of respondent upheld as per rules.

The judgment comprises two Letters Patent Appeals. LPA No.177/2012 arises from a land dispute where the appellants challenged an order of a Single Jud...

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Bombay High Court Reviews Consent Order in Commercial Execution Application Arising from Arbitration Award; State Challenges Consent Terms Signed During President's Rule Under Article 356 of the Constitution

The dispute arose from a contract awarded on 6 July 2012 by the State of Maharashtra through its Public Works Department to Manaj Tollway Private Limi...

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Bombay High Court Quashes Criminal Proceedings in WhatsApp Post Case Due to Lack of Intent and Poor Investigation. Forwarding an objectionable post without deliberate and malicious intention does not attract Sections 295-A, 153-A IPC and Section 3(v) of SC/ST Act.

The applicant, Dnyaneshwar Rohidas Wakale, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of crimina...

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Supreme Court Grants Bail to Editor-in-Chief in Abetment to Suicide Case — High Court Erred in Declining Bail Without Prima Facie Evaluation of FIR. Non-Payment of Dues Alone Does Not Constitute Abetment to Suicide Under Section 306 IPC.

The appellant, Arnab Manoranjan Goswami, Editor-in-Chief of Republic TV, was arrested on 4 November 2020 in connection with FIR No. 59 of 2018 registe...

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Supreme Court Quashes High Court Order Granting Back Wages to Medical Officer in Service Dispute. Transfer Order Deemed Communicated Upon Dispatch Under Fundamental Rules, and Back Wages Denied for Period of Non-Joining Without Valid Justification.

The appeal arose from a dispute between the State of Uttar Pradesh and Dr. Manoj Kumar Sharma, a Medical Officer, concerning back wages for the period...

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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...