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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...

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Bombay High Court Dismisses Insurer's Writ Petition Against Insurance Ombudsman Award in Life Insurance Claim. Non-Disclosure of Pre-Existing Ailments Not Proven to be Material Under Section 45 of Insurance Act, 1938.

The petitioner, Aditya Birla Sun Life Insurance Co. Ltd., challenged an award dated 31 December 2020 passed by the Insurance Ombudsman, Goa/Mumbai Met...

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High Court of Bombay Determines Territorial Jurisdiction of Labour Courts Under MRTU Act for Employees Outside Maharashtra. The Court considers whether the principle that situs of employee determines jurisdiction (GlaxoSmithKline) is overruled by subsequent Supreme Court rulings.

The High Court of Bombay heard a batch of matters, including Appeal No.585 of 2009 and several writ petitions, involving employees and trade unions fr...

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Supreme Court Allows Appointment of Arbitrator in Defence Contract Dispute Over Encashment of Warranty Bond. The court held that the claims were not barred by limitation as bilateral discussions continued until 2019, and the arbitration clause covered the dispute.

The petitioner, a Swiss company engaged in arms manufacturing, entered into a contract with the Ministry of Defence, Government of India, for supply o...

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Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...

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High Court of Bombay at Nagpur Allows Appeal Against Rejection of Plaint in Copyright Groundless Threat Suit. Suit Under Section 60 of Copyright Act, 1957 Not Barred by Prior FIR and Subsequent Suit if Filed Without Due Diligence.

The dispute arose from a commercial conflict over software copyright. The appellant developed a software for tax professionals, launched in 2007. The ...

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Supreme Court Hears Consolidated Writ Petitions Challenging the Process of Designation of Senior Advocates Under Section 16 of the Advocates Act, 1961. The Issue Concerns Whether the Existing System of Designation is Arbitrary and Violative of Articles 14, 15, and 21 of the Constitution.

Background: The case concerned a writ petition filed by a Senior Advocate challenging the prevailing system of designation of Senior Advocates in the ...