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Bombay High Court Hears Appeal Against Conviction Under POCSO Act and IPC for Aggravated Penetrative Sexual Assault and Kidnapping. Trial Court Had Imposed 20 Years Rigorous Imprisonment for Offences Against a Minor.

The appellant, original accused no.1, was convicted in Special (POCSO) Case No.94/2017 by the Extra Joint District Judge and Additional Sessions Judge...

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Madras High Court Allows Appeal in RERA Case for Delay in Possession — Promoter Liable for Interest Under Section 18 of RERA Act, 2016. The court restored the order of TN RERA directing the promoter to pay interest for delay in handing over possession of flat and club house facilities.

The appellant, a retired General Manager of Bharat Petroleum Corporation Limited, entered into a Memorandum of Agreement on 30.07.2011 with the respon...

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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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Bombay High Court Upholds School Tribunal's Power to Set Aside Termination but Remands for Fresh Enquiry in Teacher Misconduct Case. Management's Challenge to Tribunal's Order Partly Allowed; Teacher's Cross-Petition for Reinstatement Dismissed.

The judgment arises from two cross-petitions: one by the management (Shri A.P.D. Jain Pathshala and Walchand College of Arts & Science) challenging th...

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Bombay High Court Grants Bail to Accused in Bhima Koregaon UAPA Case on Medical Grounds — Age and Health Conditions of 83-Year-Old Petitioner Considered. Court held that prolonged incarceration violates Article 21 right to life and health, granting bail under Section 439 CrPC and Section 43D(5) UAPA.

The petitioner, Dr. P. Varavara Rao, an 83-year-old poet and activist, was arrested in connection with the Bhima Koregaon case and charged under the U...

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High Court of Judicature at Bombay Examines Challenge to Assessment Order Restricting Sales Tax Incentives under Package Scheme of Incentives, 1993. Expansion Unit Seeks Quashing of Order Alleging It Is Without Jurisdiction and Contrary to Scheme Terms.

The petitioner, Mahindra & Mahindra Limited, a company engaged in the manufacture and sale of automobiles and spare parts, filed a writ petition befor...

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High Court of Karnataka Quashes Compulsory Retirement Order as Stigmatic and Invalid. Order of compulsory retirement based on allegations of misconduct without proper inquiry is punitive and stigmatic, requiring prior opportunity of hearing.

The petitioner, J.K. Lonakar, joined the service of the respondent, Karnataka Food and Civil Supplies Corporation Limited, a government-owned company ...

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Bombay High Court Dismisses Writ Petitions Challenging Cooperative Society Registration and Minister's Order — Upholds Validity of Registration Under Maharashtra Cooperative Societies Act, 1960. Petitioners lacked locus standi and alternative remedy was available, hence writ petitions not maintainable.

The judgment pertains to two writ petitions filed by cooperative housing societies and their members challenging the registration of another cooperati...