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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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The High Court of Karnataka Division Bench heard writ appeals against the order of the learned Single Judge in a service matter involving judicial officers. The appeals were filed under Section 4 of the Karnataka High Court Act, 1961, challenging the order dated 27-09-2013 in WP Nos. 41684-691/2012.

These writ appeals, filed under Section 4 of the Karnataka High Court Act, 1961, arise from a common order dated 27-09-2013 passed by a learned Single...

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Bombay High Court Upholds Challenge to Conditions on Advocate-Prisoner Meetings, Directs Modernization of Jails. Prisoner's right to visits by family and friends under Article 21 of Constitution of India recognized, subject to reasonable restrictions, in line with Sunil Batra precedent.

The Public Interest Litigation was filed by a registered society and an under-trial prisoner challenging the communication dated 24th August 2015 issu...

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Bombay High Court Delivers Oral Judgment on Quashing of FIR in EPF Dues Under-Assessment Case — Court Examines Scope of Power Under Article 226 and Section 482 CrPC, Citing R.P. Kapur and Bhajan Lal Precedents

The petitioner, a Regional Provident Fund Commissioner, had passed an assessment order under Section 7A of the Employees' Provident Funds and Miscella...

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Supreme Court Dismisses Appeals of Daily Wagers Seeking Higher Pay Scale from Gujarat Water Supply Board. Board's Non-Adoption of Subsequent Government Resolutions Precludes Entitlement to Pay Scale of Rs.950-1500.

The Supreme Court dismissed appeals by daily rated employees of the Gujarat Water Supply and Sewerage Board, challenging the High Court's decision tha...

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Supreme Court Allows Banks to Deny Legal Representation in Wilful Defaulter Proceedings. In-House Committees of Banks Are Not Tribunals Under Section 30 of Advocates Act, 1961, and Right to Lawyer Is Not Part of Natural Justice.

The Supreme Court considered appeals against the Delhi High Court judgment which held that a borrower is entitled to be represented by a lawyer before...