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Bombay High Court Allows State Appeal in POCSO Case, Sets Aside Acquittal of Father for Rape of Minor Daughter. Delay in FIR Lodging Held Not Fatal in Child Sexual Abuse Cases Due to Unique Victim-Offender Relationship.

The State of Goa, through the Police Inspector of Canacona Police Station, appealed against the judgment of the Children's Court at Goa which acquitte...

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Bombay High Court Allows Victim's Appeal Against Acquittal Under Proviso to Section 372 CrPC — Condonation of Delay Granted. The court held that the victim's right to appeal is independent and delay can be condoned if sufficient cause is shown.

The petitioner, Parbhani District Central Bank Ltd., through its Assistant Manager Digambar s/o Madanrao Parve, filed a criminal writ petition challen...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay — Subjective Satisfaction Vitiated by Casual Approach. Delay of 9 months between incident and detention order held to vitiate the subjective satisfaction under MPDA Act.

The petitioner, Aalam Yosuf Shaikh, challenged a detention order dated 15 September 2017 passed under the Maharashtra Prevention of Dangerous Activiti...

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Supreme Court Dismisses Appeals by Appellants in IPC Murder Case — Conviction Under Sections 302/149 and 307/149 Upheld. Court Rejects Self-Defence and Exception 4 to Section 300 IPC, Affirming Concurrent Findings of Trial and High Courts.

The Supreme Court dismissed three criminal appeals filed by the convicted accused (Om Pal, Narendra, Ranvir, Dharamvir; appeal of Inchha Ram abated) a...

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Madras High Court Acquits Accused in Murder for Gain Case Due to Lack of Circumstantial Evidence. Conviction under Sections 302, 449, 380 IPC Set Aside as Prosecution Failed to Prove Chain of Circumstances.

The appellant, Chandrasekar, was convicted by the Fast Track Mahila Court, Dindigul, for the murder of a woman and for robbery. The prosecution allege...

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Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...

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Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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Bombay High Court Allows Petition for Condonation of Delay in Section 140 Motor Accident Claim — No Limitation Prescribed for No-Fault Compensation. Tribunal Erred in Rejecting Application for Condonation of Delay as Section 140 Does Not Prescribe Any Limitation Period.

The petitioner, Ramesh Bhimrao Patil, was injured in a motor accident that occurred on 24 November 1989. He filed an application under Section 166 of ...