Search Results for "Child Rights"

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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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Supreme Court Acquits Accused in Murder Case Due to Unreliable Identification and Lack of Corroboration. Benefit of Doubt Extended Where Sole Eyewitness Testimony Was Inconsistent and Medical Evidence Did Not Match Ocular Version Under Section 302 IPC.

The case pertains to the death of Mandeep Kumar on 21.10.2018 following an alleged attack by seven masked persons. The appellant, was identified as on...

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Supreme Court Cancels Bail of Accused in Interstate Child Trafficking Case Due to Perverse High Court Orders and Absconding Accused. Bail Granted Without Considering Gravity of Offences Under Sections 363, 311, 370(5) IPC and Organized Nature of Racket.

The Supreme Court dealt with a series of appeals filed by victims' families seeking cancellation of bail granted by the Allahabad High Court to 13 acc...

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Karnataka High Court Quashes POCSO Proceedings Against Stepfather, Citing Matrimonial Dispute Between Parents. Allegations of Sexual Offences Deemed Maliciously Filed Amidst Custody Battle, Court Holds No Prima Facie Case Under Sections 11, 12 of POCSO Act and Section 509 IPC.

The dispute involved a child born in 2008 to the second respondent and his former wife. Following the parents' divorce, a settlement agreement granted...

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Bombay High Court Dismisses Habeas Corpus Petition by Parents Seeking Custody of Minor Child from Grandmother. Court holds that detention of child by grandmother is not illegal and that welfare of child is paramount, directing parents to seek custody through appropriate family court proceedings.

The petitioners, parents of a minor child named Anurag, filed a writ of habeas corpus before the Bombay High Court seeking production of their son and...

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Bombay High Court Allows Custody Appeal in Child Custody Dispute Under Family Courts Act, 1984 — Welfare of Child Paramount. Grandparents' Custody Set Aside as Biological Father's Right to Custody Upheld Subject to Child's Welfare.

The case involves two appeals filed under Section 19 of the Family Courts Act, 1984, challenging a common judgment of the Family Court, Nagpur, in Pet...

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Bombay High Court Dismisses Habeas Corpus Petition by Mother Against Father for Custody of Minor Child. Father's Custody Held Not Unlawful as Both Parents Have Equal Rights; Dispute to Be Adjudicated Under Guardians and Wards Act, 1890.

The petitioner, Mrs. Namita Mahendra Thanai, filed a writ of habeas corpus under Article 226 of the Constitution of India seeking production of her mi...