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High Court

Bombay High Court Allows Appeal in POCSO Case — Conviction Set Aside Due to Procedural Irregularities in Treating Juvenile as Adult and Lack of Corroboration. The Court held that the Special Court failed to follow the mandatory procedure under the Juvenile Justice Act, 2015 before trying the appellant as an adult, and the evidence of the child victim was insufficient to prove the offence beyond reasonable doubt.

25 Jan 2021

The appellant, a 17-year-old boy at the time of the alleged offence, was convicted by the Special Court under the POCSO Act and IPC for attempting to ...

High Court

Karnataka High Court Dismisses Bail Petitions and Refers Questions on POCSO Act to Division Bench. Single Judge observes conflicting views on Section 35 compliance and refers issues regarding default bail and evidence recording under Section 164 Cr.P.C., doubting Vinay v. State of Karnataka.

23 Apr 2021

The case involved two criminal petitions filed before the Karnataka High Court by the accused, Hanumantha Mogaveera, seeking bail under Section 439 of...

High Court

High Court of Karnataka Quashes Transfer Order in POCSO Case Due to Flawed Age Determination by Juvenile Justice Board, Directs Fresh Determination. Board Failed to Conduct Mandatory Preliminary Assessment of Age Before Transferring Case to Children's Court, Violating Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

11 Mar 2024

The dispute arose from a criminal case involving alleged offences under Sections 376 and 506 of the Indian Penal Code and the Protection of Children f...

High Court

Bombay High Court Allows Adoption Agency to Continue Operations Pending Renewal of License — Best Interest of Child Paramount. Licensing Authority Cannot Refuse Renewal Based on Pending Criminal Proceedings Without Giving Opportunity of Hearing.

6 Aug 2013

The petitioner, Snehalaya's Snehankur Adoption Centre, a licensed adoption agency, filed two writ petitions challenging the refusal of the Child Welfa...

High Court

Bombay High Court Quashes FIR and Charge Sheet in Illegal Adoption Case Under Juvenile Justice Act — No Offence Made Out as Child Was Not 'Sold' or 'Bought'. Transfer of Child Between Biological Mother and Adoptive Parents Without Consideration Does Not Attract Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

10 Oct 2023

The applicants, comprising the biological mother (applicant no.3) and the adoptive parents (applicants no.1 and 2), sought quashing of FIR No.0270/202...

High Court

High Court of Karnataka Allows Petitions Seeking Strict Adherence to Section 12 of RTE Act 2009 for Admissions in Private Unaided Schools. The court directed the State to ensure compliance with the statutory provisions for admitting disadvantaged children in private schools under Section 2(n)(iii) of the RTE Act.

17 Apr 2017

The judgment involves three writ petitions filed by educational trusts, namely Soujanya Patel Trust and New Age Educational Trust, seeking directions ...

High Court

Bombay High Court Sets Aside Family Court Order Disturbing Child Custody Based on Consent Without Welfare Inquiry. The court held that a custody order under Section 8 of the Guardians and Wards Act, 1890 cannot be passed solely on consent without considering the welfare of the child.

8 Dec 2016

The case involves an appeal by the father (Appellant 'A') against a Family Court order dated 15 July 2014 that disturbed the custody of his two minor ...

High Court

Bombay High Court at Goa Allows Criminal Writ Petition, Directs Trial of Entire Case by Children's Court for Offences Against Children and Adults in Same Transaction. The court held that splitting the charge sheet for offences against children and adults arising from the same transaction is invalid under Sections 30 and 31 of the Goa Children's Act, 2003.

5 Jul 2010

The petitioner, accused no. 3 in Sessions Case No. 2/2010, challenged the order dated 9/03/2010 of the Additional Sessions Judge, Panaji, which direct...

Supreme Court

Supreme Court Quashes Proceedings Against Editor in POCSO Case Due to Lack of Magistrate Permission for Investigation. The Court held that Section 155(2) of the Code of Criminal Procedure, 1973 applies to non-cognizable offences under Section 23 of the Protection of Children from Sexual Offences Act, 2012, and investigation without Magistrate permission is vitiated, barring cognizance.

21 Mar 2022

The appeal arose from a judgment of the High Court of Karnataka dismissing a criminal petition under Section 482 of the Code of Criminal Procedure, 19...

High Court

High Court of Karnataka Considers Challenge to Circulars Mandating Public Examinations for 5th and 8th Standard Students. Petitioners Contend Circulars Violate Sections 16, 30, 38(4) of Right to Education Act, 2009 and Section 145 of Karnataka Education Act, 1983.

10 Mar 2023

The High Court of Karnataka at Bengaluru heard a batch of four writ petitions filed by associations of unaided private schools and a parent of a fifth...

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