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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 Upholds State's Preliminary Objection in Challenge to Recruitment Rules for ITI Instructors. Estoppel Applied Against Candidates Who Participated in Selection Process Without Protest Under Uttar Pradesh Industrial Training Institutes (Instructors) Service Rules 2014.

The dispute arose from recruitment of Instructors in Industrial Training Institutes (ITIs) in Uttar Pradesh. The Directorate General of Employment & T...

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Supreme Court Declares Accused Juvenile and Quashes Death Sentence Under Juvenile Justice Act, 2015. Age Determination Based on School Birth Certificate Prevails Over Ossification Test, Leading to Release After Over 5 Years Incarceration as Maximum Sentence for Juvenile Below 16 is 3 Years.

The Supreme Court heard appeals challenging the judgment and order dated 15.11.2018 of the Madhya Pradesh High Court, which affirmed the death sentenc...

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Supreme Court Rejects Recusal Plea in Land Acquisition Reference. Judge Who Decided Smaller Bench Can Sit in Larger Bench to Reconsider Same Issue as Bias Plea Based on Extrajudicial Factors.

This order arises from a reference to a five-judge Constitution Bench of the Supreme Court of India concerning the interpretation of Section 24 of the...

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KAHC010026042017_1

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty Under Section 9(1)(vi) of Income Tax Act, 1961. Payment for shrink-wrapped software held to be for copyright article, not transfer of copyright rights, thus not taxable as royalty.

The case involves two appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax (TDS)) against the common order o...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty. Payment for purchase of shrink-wrapped software from non-resident held not royalty under Section 9(1)(vi) of Income Tax Act, 1961, as no copyright transferred.

The case involves two appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the common order of the Income Tax Appella...

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Supreme Court Upholds Death Sentence of 26/11 Terrorist in Mumbai Attacks Case. Court Dismisses State's Appeal Against Acquittal of Co-Accused Due to Insufficient Evidence, Finding No Perversity in Trial Court's Decision.

The Supreme Court dealt with appeals arising from the 26/11 Mumbai terror attacks. The appellant, Mohammed Ajmal Kasab, a Pakistani national, was conv...

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Supreme Court Considers Suo Motu Reference on Summoning Advocates During Investigation; Examines Scope of Advocate-Client Privilege and Need for Guidelines to Prevent Coercive Summons. Court Addresses Legality of Direct Summons to Lawyers Under Section 179 BNSS and Absence of Judicial Oversight.

The Supreme Court initiated suo motu proceedings following a reference from a two-judge bench in a Special Leave Petition challenging a notice issued ...