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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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Bombay High Court Allows Writ Petition Seeking Enforcement of RERA Order and Grants Interim Relief of Deposit and Injunction Against Developer. RERA Order Directing Refund of Investment with Interest Must Be Complied With by Revenue Authorities and Developer.

The petitioner, Rustam Phiroze Mehta, filed a writ petition seeking enforcement of an order dated 15th April 2019 passed by the Maharashtra Real Estat...

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Bombay High Court Allows Petitioner's Petition for Extension of Bank Guarantee Pending Challenge to Arbitral Award — Section 9 of Arbitration and Conciliation Act, 1996. Post-award interim protection can be granted under Section 9 to preserve the subject matter of arbitration pending challenge to award.

The petitioner, Oil and Natural Gas Corporation Limited (ONGC), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seekin...

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High Court of Bombay Disposes Three Criminal Applications in Matrimonial Dispute Seeking Quashing of FIRs. Accusations Involve IPC, POCSO Act, and Juvenile Justice Act Allegations Between Family Members.

The High Court of Judicature at Bombay dealt with three interconnected proceedings arising from a matrimonial dispute between a husband (Prakash Hotch...

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High Court of Karnataka Dismisses Defacto Complainant's Petition Seeking Summoning of Magistrate in POCSO Case Citing Absence of Signatures on Victim's Statement. Court Holds That Non-Signing of Section 164 Statement Does Not Vitiate Its Admissibility and Directs Expeditious Trial Completion.

The matter pertained to a writ petition filed by the defacto complainant, the father of a minor girl who was allegedly sexually assaulted at Vibgyor H...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Hears Challenge to Drug Price Control Demand Against Pharmaceutical Company. Cream Vs. Ointment Distinction and Small Scale Industry Exemption Under DPCO 1995 Considered.

The writ petition arose from a dispute concerning the drug price control regime under the Drugs (Price Control) Order, 1995 (DPCO 1995). The first pet...

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Bombay High Court Dismisses Mother's Custody Petition for Minor Daughters Rescued from Brothel Under PITA. Custody of rescued minor victims under Immoral Traffic (Prevention) Act, 1956 vests with Child Welfare Committee for rehabilitation, not with biological mother, to prevent re-exploitation.

The petitioner, Smt. Babita, mother of two minor daughters aged 15 and 16, filed a Criminal Writ Petition challenging orders of the Judicial Magistrat...