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Bombay High Court Quashes Detention Order in MCOCA Case for Non-Application of Mind — Failure to Consider Petitioner's Acquittal in Predicate Offence Renders Subjective Satisfaction Invalid.

The petitioner, Suraj @ Nagesh Shivaji Mahanoor, filed a writ petition before the Bombay High Court (Circuit Bench at Kolhapur) seeking to quash and s...

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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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High Court of Karnataka Considers Challenge to Leave India Notice by Australian Employee over Alleged Violation of Natural Justice and FRRO's Jurisdiction. Employment Visa Grant by High Commission Not Subject to FRRO's Nullification, Argues Petitioner.

The writ petition was filed by an Australian citizen, who held an Employment Visa (E-2) valid from 08.01.2018 to 07.01.2020, after being appointed as ...

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Bombay High Court Acquits Husband in 498A/306 IPC Case Citing Insufficient Evidence. Conviction under Sections 498A and 306 IPC Set Aside as Prosecution Failed to Prove Cruelty and Abetment Beyond Reasonable Doubt.

The appellant, Lakhanlal, was married to Saroja on 08.05.1998. On 31.05.1999, within thirteen months of marriage, Saroja committed suicide by hanging....

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Bombay High Court Finds Prosecution Failed to Establish Motive in Appeal Against Conviction Under Section 302 IPC. Circumstantial Evidence Incomplete; Court Stresses Need for Chain Excluding Innocence and Proper Opportunity Under Section 313 Cr.P.C.

The criminal appeal arose from a conviction for patricide. The appellant, Surdas Balkrishna Kirgat, was tried and convicted by the Principal Sessions ...

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High Court of Bombay Upholds Admissibility of Deceased Wife’s Statements in Abetment of Suicide Conviction Appeal. Statements Made in Prior Complaints and Police Report Held Admissible Under Section 32(1) of Indian Evidence Act, 1872, Despite Defence Challenge.

The appeal arose from the conviction of the appellant (original accused No.1) by the Sessions Court for abetting the suicide of his wife and subjectin...