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Bombay High Court Nagpur Bench Hears Preliminary Objections in Election Petition Alleging Corrupt Practices under Representation of the People Act, 1951. Objections Pertain to Non-compliance with Sections 81, 83, and 86 Regarding Material Facts, Affidavit, and True Copy of Petition.

In this election petition before the Nagpur Bench of the Bombay High Court, the petitioner challenged the election of the respondent from the Gondia c...

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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

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High Court of Bombay at Goa Acquits Accused in Attempt to Murder Case Due to Lack of Intent to Kill. Conviction under Section 307 IPC set aside as injuries were not on vital parts and no intention to cause death was established.

The appellant, Sanjay Gaonkar, was convicted by the Additional Sessions Judge, Panaji, for the offence punishable under Section 307 of the Indian Pena...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests.

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production ...