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Gujarat High Court Dismisses Appeals by District Panchayat in Failed Sterilization Cases, Upholds Compensation for Unwanted Child. Negligence in Tubectomy Operation Leads to Liability for Maintenance of Child Born After Failed Procedure.

The case involves three Second Appeals filed by the Patan District Panchayat and others against a common judgment of the Appellate Court in a suit for...

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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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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Criminal Intent. Complaint under Section 338 IPC fails as essential ingredients of grievous hurt by rash or negligent act not established without expert evidence.

The petitioner, a practicing ophthalmologist, challenged the judgment of the Additional Sessions Judge, Pune, which upheld the Magistrate's order issu...

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Bombay High Court Allows Writ Petition for Periodical Promotion Scheme Benefits from 1994 for Non-Teaching Employees. Discrimination in Implementation of G.R. dated 12th July 2004 Quashed as Arbitrary.

The Petitioners, nine Class 'C' and 'D' non-teaching employees of various educational institutions in Sangli and Satara districts, filed a writ petiti...

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Bombay High Court Allows Revenue's Appeal in Part in TDS Dispute Regarding Payments to Doctors by Hospital. Payments to doctors with fixed plus variable pay under written contracts treated as salary subject to TDS under Section 192 of Income Tax Act, 1961.

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961, against an order of the Income Tax Appellate Tribunal, Pune...

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Bombay High Court Upholds Minority Scholarship Schemes as Constitutional — Schemes for Minority Communities Do Not Violate Article 14 or 15(1) as They Are Based on Backwardness and Not Religion Alone.

The Bombay High Court disposed of two public interest litigations challenging the constitutional validity of two scholarship schemes for minority comm...

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Bombay High Court Declares Plaintiff Owner of Copyright in Drawings Developed Under Contract for Valuable Consideration. Payment of Rs.2,87,500/- for Development of Drug Powder Inhaler Transfers Copyright Ownership Under Section 17 of Copyright Act, 1957.

The plaintiff, Macleods Pharmaceuticals Limited, a pharmaceutical company, sought to develop a Drug Powder Inhaler (DPI) device for asthma medications...