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Bombay High Court Holds Juvenile Cannot File Anticipatory Bail Under Section 438 CrPC; Remedy Lies Under Juvenile Justice Act. The JJ Act is a complete code providing for bail provisions for children in conflict with law, and Section 438 CrPC is not available to them.

The case involved a reference to a Division Bench of the Bombay High Court to decide whether a juvenile in conflict with law can file an application f...

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High Court of Karnataka Enhances Compensation for POCSO Victim Under NALSA Scheme — Inadequate Compensation of Rs. 1,00,000 Enhanced to Rs. 10,50,000. The court held that the NALSA Scheme mandates minimum compensation of Rs. 7,00,000 for sexual assault victims, which can be enhanced by 50%.

The appellant, Smt. Lalitha, mother of a minor victim of sexual assault, filed an appeal under Section 372 CrPC challenging the adequacy of compensati...

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Bombay High Court Allows Unwed Mother's Petition for Birth Certificate Without Father's Name. Right to Privacy Under Article 21 Protects Unwed Mother's Decision to Not Disclose Father's Name in Birth Certificate Under Registration of Births and Deaths Act, 1969.

The petitioner, an unmarried woman, delivered a female child on 7 November 2014. She filed a writ petition under Article 226 of the Constitution of In...

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Karnataka High Court Hears Petition to Quash Rape Charges Against Advocate Filed by Law Intern. Allegations of Sexual Harassment and Attempt to Rape Under IPC Sections 354 and 376 Examined, with Focus on Distinction Between Preparation and Attempt Under Section 511 IPC.

The case involved a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 by an advocate, seeking to quash a charge sheet ...

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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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Supreme Court Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

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Supreme Court Upholds Right of Pre-Adoption Sons to Inherit from Adopted Father in Hindu Succession Case. Sons born before adoption remain heirs of their natural father and are entitled to inherit his estate under Section 8 of the Hindu Succession Act, 1956.

The present appeals arose from a dispute over the inheritance of property left by Laxman, who was given in adoption to Saraswati on 2 November 1935. A...