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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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Supreme Court Allows Appeal in Port Damage Case — Endorsement of Liability Obtained by Coercion is Void. Essar Shipping Ltd. v. Board of Trustees for the Port of Calcutta — Endorsement of liability obtained by wrongful detention of vessel is void under Section 17 of the Indian Contract Act, 1872.

The case arises from an incident on 27 August 1987 when the vessel M.V. Chennai Nermai, owned by Essar Shipping Ltd. (appellant), collided with a coal...

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Supreme Court Allows Labour Union Appeal Against Quashing of Contract Labour Prohibition Notification. Non-Joinder of Affected Union and Non-Consideration of Sub-Committee Report Vitiated High Court's Decision.

The Supreme Court allowed the appeal filed by the ONGC Labour Union against the judgment of the Uttarakhand High Court, which had quashed a notificati...

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Bombay High Court Quashes Process in PCPNDT Act Case Due to Invalid Complaint Filing. Complaint Filed by Unauthorized Officer Without Proper Authorization Under Section 28 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

The applicant, Dr. Sandhya Arun Kulkarni, challenged the order of issuance of process passed by the Judicial Magistrate First Class, Chandrapur on 27-...

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Bombay High Court Quashes Seizure of Sonography Machine for Violation of Natural Justice under PC & PNDT Act. Failure to Provide Opportunity to Disprove Presumption Before Drawing Adverse Inference Renders Action Illegal.

The petitioner, Dr. Sujit Govind Dange, a medical practitioner, challenged the legality of a notice/order dated 21.6.2011 passed by the Medical Office...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order.

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Sect...