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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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Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Order. Court upholds validity of suo-motu sanction under Section 45(2) of UAPA and cognizance order under Section 120B IPC read with UAPA and CLA Act.

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

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Supreme Court Allows Appeal of Judicial Officer Discharged During Probation and Quashes Discharge Order. Discharge Based on Bail Order and Pending Inquiry Without Hearing Violates Natural Justice and Is Arbitrary Under Rajasthan Judicial Services Rules, 2010 and Article 233 of Constitution of India.

The dispute involved a judicial officer appointed as an Additional District Judge in 2013 under the Rajasthan Judicial Services Rules, 2010, who was d...

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Bombay High Court Dismisses Petitions Challenging Furlough Rule Denying Furlough to Prisoners from Outside Maharashtra. Classification Based on Residence Held Reasonable Under Articles 14 and 21 of Constitution.

The petitioners, Chandradev @ Chandu S/o Pareshwar Rai and Satish S/o Ramchandra Ninapure, were convicted under Section 302 of the Indian Penal Code a...

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Bombay High Court Strikes Down Discriminatory Furlough Condition in Maharashtra Prisons Rules as Unconstitutional. Residence-based classification for furlough eligibility violates Articles 14 and 21 of the Constitution.

The petitioners, Chandradev @ Chandu S/o Pareshwar Rai and Satish S/o Ramchandra Ninapure, were convicted under Section 302 of the Indian Penal Code a...

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Bombay High Court Dismisses Petition Challenging Categorization Under 1992 Guidelines for Premature Release of Life Convict in Murder During Robbery Case. Petitioner's Offence of Murder During Robbery Correctly Categorized Under Category 5(a) of the 1992 Guidelines, Which Superseded the 1978 Guidelines.

The petitioner, Harjeetsingh Niranjansingh Jabbal, was convicted under Sections 302 and 397 of the Indian Penal Code for murder committed during a rob...

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Bombay High Court Upholds Dismissal of Judicial Officer in Disciplinary Proceedings for Misconduct. Non-Supply of Enquiry Report Before Final Order Does Not Vitiate Proceedings Absent Prejudice.

The petitioner, a judicial officer, joined the Maharashtra Judicial Service in 1990. Disciplinary proceedings were initiated against him, and an enqui...

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WRIT PETITION (CIVIL) NO. 943 OF 2021

The Supreme Court of India, in a combined proceeding, dealt with a batch of writ petitions, special leave petitions, and contempt petitions invoking A...