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Supreme Court Allows State Appeal, Holds Trustee of Deemed University as Public Servant Under PC Act. Interpretation of 'University' in Section 2(c)(xi) of Prevention of Corruption Act, 1988 includes Deemed Universities.

The Supreme Court allowed the appeal filed by the State of Gujarat against the judgment of the Gujarat High Court which had discharged the respondent,...

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Supreme Court Allows State Appeal in Army Offence Jurisdiction Dispute, Restoring Sessions Court Trial. Concurrent Jurisdiction Under Section 125 of Army Act, 1950 Upheld, with Commanding Officer's Discretion Exercised Through Cooperation with Civil Investigation.

The appeal arose from a judgment of the High Court of Sikkim, which upheld an order of the Sessions Judge directing that the accused, an Army personne...

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High Court of Karnataka Dharwad Bench Passes Common Order in Petitions Under Section 482 Cr.P.C. Seeking Quashing of Proceedings for Offences Under MMRD Act, KMMC Rules and IPC. Multiple Petitions Heard Together on Common Question of Law Regarding Concurrent Prosecution.

The High Court of Karnataka at Dharwad Bench delivered a common order on 6th February 2019, disposing of twelve criminal petitions filed under Section...

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Bombay High Court Allows Anticipatory Bail Application in POCSO and Atrocities Act Case - Section 42-A POCSO Act Prevails Over Section 14-A Atrocities Act, Making Section 438 CrPC Maintainable.

The case involved an anticipatory bail application under Section 438 CrPC by Aniket Labade, accused of offences under IPC, POCSO Act, and SC/ST Act. T...

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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...