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Search Results for "intellectual disability"

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High Court

Bombay High Court Upholds Conviction of Appellant for Exploitation of Minor Girls Under POCSO Act and IPC — Faith-Based Deception Used to Sexually Assault Six Girls. The court held that the testimony of child victims, coupled with the presumption under Section 29 of POCSO Act, was sufficient to sustain the conviction for aggravated sexual assault.

16 Jan 2024

The appellant, Mehandi Kasim Jenul Abidin Shaikh, was convicted by the Special Judge under the POCSO Act for sexually assaulting six minor girls aged ...

High Court

Bombay High Court Appoints Daughter as Legal Guardian of Mother Suffering from Alzheimer's Disease in Absence of Statutory Provision. Court Exercises Inherent and Parens Patriae Jurisdiction to Protect Rights of Mentally Ill Adult Under Article 21 of Constitution.

6 Oct 2023

The petitioner, Anushka Rajiv Mohite, filed a writ petition before the Bombay High Court seeking to be appointed as the legal guardian of her mother, ...

High Court

Bombay High Court Allows Daughter to Be Appointed Legal Guardian of Mother Suffering from Alzheimer's Disease — Recognizes Lacuna in Mental Health Act, 1987 and Hindu Minority and Guardianship Act, 1956 for Guardianship of Mentally Ill Adults.

6 Oct 2023

The petitioner, Anushka Rajiv Mohite, filed a writ petition before the Bombay High Court seeking to be appointed as the legal guardian of her mother, ...

High Court

Bombay High Court Allows Minor Rape Victim's Pregnancy Termination with DNA Preservation Directions. Court Permits Medical Termination of Pregnancy of 24-Week Gestation Under MTP Act, 1971, and Orders Preservation of Fetal Samples for Criminal Trial.

26 Jul 2023

The petitioner, a minor girl aged 17 years 11 months and 21 days, filed a writ petition through her mother seeking directions for medical termination ...

High Court

High Court of Karnataka Allows Bail to Juvenile in POCSO and SC/ST Act Case — Emphasizes Prima Facie Case Requirement for Bail Denial Under Juvenile Justice Act. The court set aside the orders of the Juvenile Justice Board and Appellate Court denying bail to a 16-year-old juvenile accused of taking video of sexual assault, holding that the Board failed to record the required satisfaction under Section 12 of the Juvenile Justice Act.

11 Jul 2023

The petitioner, a 16-year-old juvenile (CCWL-4), filed a criminal revision petition under Section 102 of the Juvenile Justice (Care and Protection of ...

High Court

High Court of Karnataka Enhances Compensation for POCSO Victim Under NALSA Scheme — Inadequate Compensation of Rs. 1,00,000 Enhanced to Rs. 10,50,000. The court held that the NALSA Scheme mandates minimum compensation of Rs. 7,00,000 for sexual assault victims, which can be enhanced by 50%.

27 Jun 2023

The appellant, Smt. Lalitha, mother of a minor victim of sexual assault, filed an appeal under Section 372 CrPC challenging the adequacy of compensati...

High Court

Bombay High Court Acquits Accused in Rape Case Due to Unreliable Testimony of Intellectually Challenged Victim and Lack of Corroboration. Conviction under Sections 363, 366, 376 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

18 Jun 2021

The appellant, Farukh Abdul Raheman Shaikh, was convicted by the Additional Sessions Judge, Borivali Division, Dindoshi, Mumbai, for offences under Se...

High Court

Bombay High Court Allows Appeal on Vested Right of Appeal in Central Excise Case — Amended Pre-deposit Requirement Not Applicable to Appeals Where Lis Arose Prior to Amendment. The court held that the right of appeal is a vested right and the amended Section 35F of the Central Excise Act, 1944, effective from 6 August 2014, cannot be applied retrospectively to fetter that right.

25 Jul 2016

The appellant, Nimbus Communications Limited, entered into an agreement and was subjected to a service tax demand. The appellant filed an appeal befor...

High Court

Bombay High Court Confirms Death Sentence for Rape and Murder of Minor Child - Brutal Crime Falls Under Rarest of Rare Category. The Court upheld the conviction under Section 302 IPC and Section 376(2)(f) IPC for the rape and murder of a 4-year-old girl, confirming the death sentence as the case fell within the 'rarest of rare' category.

14 Mar 2016

The case involves the confirmation of a death sentence awarded to Vitthal Tukaram Atugade by the learned District Judge-1 and Additional Sessions Judg...

High Court

Bombay High Court Allows Impleadment of Shareholders in Patent Ownership Suit — Applicants Holding 6.3% Shares Have Sufficient Interest in Subject Matter of Suit. Shareholders are proper parties under Order 1 Rule 10 CPC when the suit concerns company assets that affect share value.

12 Mar 2014

The applicants, Percy Rutton Kavasmaneck and Aban Percy Kavasmaneck, filed a Chamber Summons seeking impleadment as party defendants in Suit No. 2932 ...

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