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Madras High Court Quashes Detention Order Based Solely on Likelihood of Bail Without Evidence of Public Order Threat. Preventive Detention Cannot Be Invoked Merely on Possibility of Accused Coming Out on Bail Without Demonstrating Propensity for Offending and Threat to Public Order.

The habeas corpus petition was filed by the father of the detenu, challenging a preventive detention order passed by the District Magistrate of Thooth...

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Bombay High Court Dismisses DRI Appeal Against Acquittal in Gold Smuggling Case — Conscious Possession Not Proved. Trial Court's acquittal upheld as prosecution failed to establish that respondent had knowledge and control over gold bars recovered from her residence.

The case pertains to a criminal appeal filed by the Union of India (through the Directorate of Revenue Intelligence, DRI) against the acquittal of Smt...

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Bombay High Court Acquits Appellant in POCSO and Rape Case Due to Inconsistent Victim Testimony and Lack of Corroboration. Conviction under Sections 363, 376, 504, 506 IPC and Sections 3(a)/4, 5(i),(j)(ii),(l)/6 POCSO Act set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Sameer Shashikant Jadhav, was convicted by the Additional Sessions Judge, Ratnagiri, in Special Case No.19/2018 for offences under Sect...

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Bombay High Court Upholds Conviction of Two Accused for Sexual Assault of Minor Orphan Girl Under POCSO Act and IPC. Court Relies on Testimony of Victim and School Teachers, Holds That Absence of Medical Evidence Does Not Disprove Sexual Assault When Victim's Testimony Is Credible.

The case involves an appeal by two accused, Sudhir Govindrao Suradkar and Santosh Nathaji Jumbde, against their conviction by the Special Judge (POCSO...

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Bombay High Court Acquits Accused in POCSO Case Due to Material Contradictions and Improbable Prosecution Case. Conviction Under Section 354 IPC and Section 7/8 POCSO Act Set Aside as Testimony of Child Witness and Uncle Found Unreliable.

The appellant, Akhil Ismail Pinjari, was convicted by the Additional Sessions Judge, Pune, for offences under Section 354 of the Indian Penal Code and...

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Bombay High Court Upholds Conviction of Father-in-Law for Rape and Aggravated Penetrative Sexual Assault on Minor Daughter-in-Law. Victim's Credible Testimony and Medical Evidence Sufficient to Sustain Conviction Under Sections 376, 506(II) IPC and Section 6 POCSO Act.

The appellant, Tukaram Pandurang Mhaske, was convicted by the Designated Judge under the POCSO Act for offences under Sections 376 and 506(II) of the ...

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High Court of Karnataka Allows Partition Appeal in Hindu Succession Act Case — Daughter Entitled to Share in Joint Family Property. Daughter's claim for partition and separate possession of 1/2 share in suit properties decreed, setting aside trial court's dismissal.

The Regular First Appeal was filed by the plaintiff, Smt. Mallawwa Laxman Yadahalli (since deceased, represented by her LR Smt. Parvati Gorawade), cha...

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Bombay High Court Dismisses Writ Petition Challenging Executing Court's Refusal to Reopen Partition Decree Based on Will. Executing Court Cannot Go Behind a Final Decree to Redetermine Shares on Basis of Alleged Will Produced After Decree Became Absolute.

The Bombay High Court dismissed a Writ Petition challenging the order of the Executing Court rejecting an application for framing of issues and modifi...