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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 Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for Road Widening Under Maharashtra Highways Act, 1955. Petitioners' Challenge to Section 6(1) Notification Fails Due to Delay, Laches, and Existence of Alternative Remedy.

The petitioners, who are residents and agriculturists of Mahalunge, Taluka-Mulshi, District Pune, filed a writ petition under Article 226 of the Const...

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Bombay High Court Considers Whether Minutes of Meeting Converted Force Majeure Clause into Assured Return Mechanism, Interpreting Clauses 3.4.19 and 3.7.2 of Construction Agreement. Appeal Challenges Arbitral Interpretation That State Must Compensate for Any Toll Collection Drop Exceeding 20%.

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 arose from a dispute concerning a build-operate-transfer (BOT) contract for ...

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Bombay High Court Dismisses Writ Petition Challenging Tribunal Order in Service Matter Due to Inordinate Delay and Laches. Petitioner's claim for correction of promotion date after 21 years held to be stale and not maintainable.

The petitioner, a retired customs officer, filed a writ petition challenging the order of the Central Administrative Tribunal dismissing his Original ...

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Bombay High Court Dismisses Contempt Petition Against Appellate Authority Under RTI Act. First Appellate Authority under Right to Information Act, 2005 is not a 'Court' within the meaning of Section 2(b) of the Contempt of Courts Act, 1971.

The Petitioner filed a contempt petition alleging breach of an order dated 29th May 2007 passed by the First Appellate Authority and Deputy Commission...

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High Court of Bombay at Nagpur Dismisses Second Appeal in Property Dispute Involving Nominal Sale Deed and Bank's Securitization Proceedings. Civil Court's jurisdiction barred under Section 34 of SARFAESI Act, 2002 for challenging bank's attachment notice under Section 13(2).

The appellants, Smt. Savita Bhagwantrao Patil and Chaitanya Bhagwantrao Patil, were the original plaintiffs in a suit filed before the 6th Joint Civil...

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High Court of Judicature at Bombay, Nagpur Bench, Examines Legality of Pension Recovery Conditions Imposed Post-Facto for APMC Employment. Petition Challenges Maharashtra Administrative Tribunal’s Finding that Reemployment Constituted Commercial Employment under Rule 163(8) of Pension Rules.

The petitioner retired from the Maharashtra State Government service on 31.05.1992 and immediately joined as Secretary of the Agriculture Produce Mark...