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Supreme Court Allows State Appeal Against High Court Order Permitting Recall of Prosecutrix for Cross-Examination in Rape Case. Section 311 CrPC Recall Allowed Only if Testimony is Essential for Just Decision and Not to Fill Gaps in Defence.

The present appeal arises from a judgment of the High Court of Tripura which set aside the Trial Court's order rejecting an application under Section ...

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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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Karnataka High Court Dismisses Habeas Corpus Petition for Child Custody in International Parental Abduction Case. Father's Petition for Repatriation of Minor Son from India to Germany Dismissed as Habeas Corpus Not Maintainable for Custody Disputes.

The petitioner, Mr. Sankar Viswanathan, a German resident, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution read with Sect...

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High Court of Karnataka Quashes 10% Interim Compensation Order Under Section 143A of Negotiable Instruments Act, 1881 — Petitioner Not a Drawer of Cheque. Section 143A applies only to drawer of cheque, not to accused who is not drawer.

The petitioner, V. Krishnamurthy, proprietor of Raghvenk Industries, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 19...

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High Court of Karnataka Allows Appeal Under Section 37(1)(a) of Arbitration Act Against Rejection of Section 8 Application in Salary Recovery Suit. Employer's Application for Reference to Arbitration Allowed as Employment Contract Contained Arbitration Clause.

The respondent, Mohan Kumar Thakur, filed a suit for recovery of salary dues and other amounts totaling Rs. 66,13,717/- with interest against his empl...

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High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim Under Section 163A MV Act — No Defence of Contributory Negligence Available in Structured Formula Claims. Insurer Liable to Pay Compensation Despite Alleged Negligence of Deceased as Section 163A is a No-Fault Liability Scheme.

The appeal arises out of a judgment and award dated 20.06.2013 in M.V.C.No.301/2011 passed by the Principal Senior Civil Judge & M.A.C.T., Puttur, D.K...