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Bombay High Court Strikes Down Surrogacy Rule Requiring Certificate of Genetic Abnormality for Intending Couple. Rule 1(d)(I) & (II) of Surrogacy (Regulation) Amendment Rules, 2023 held ultra vires the Surrogacy (Regulation) Act, 2021 as it imposes additional condition beyond the Act.

The petitioners, a married couple, sought to have a child through surrogacy due to the wife's medical issues. They challenged Rule 1(d)(I) & (II) of t...

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Bombay High Court Upholds School Tribunal's Power to Set Aside Termination but Remands for Fresh Enquiry in Teacher Misconduct Case. Management's Challenge to Tribunal's Order Partly Allowed; Teacher's Cross-Petition for Reinstatement Dismissed.

The judgment arises from two cross-petitions: one by the management (Shri A.P.D. Jain Pathshala and Walchand College of Arts & Science) challenging th...

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Bombay High Court Acquits Appellant in POCSO Case Due to Unproven Age and Consensual Relationship. Conviction under Sections 363, 366A, 376(2)(n) IPC and Sections 4, 6 POCSO Act set aside as prosecution failed to establish victim's minority and evidence showed consent.

The appellant, Omkar Dattatraya Dangat, was convicted by the Special Court under Sections 363, 366A, 376(2)(n) of the Indian Penal Code read with Sect...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration. Consent and Age Discrepancy Cast Doubt on Prosecution Case, Leading to Acquittal Under Section 376 IPC and Section 6 POCSO Act.

The appellant, Mahesh Bhimraj Jadhav, was convicted by the Designated Court under the POCSO Act for the rape of a 17-year-old girl. The prosecution al...

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Bombay High Court Allows Quashing of DV Act Proceedings Due to Lack of Territorial Jurisdiction. Acts of Domestic Violence Allegedly Occurred in Germany, Not Within India, Hence Magistrate at Nagpur Had No Jurisdiction Under Section 27 of Protection of Women from Domestic Violence Act, 2005.

The applicant, Sumeet Ninave, challenged an order dated 21.10.2022 passed by the Additional Chief Judicial Magistrate, Nagpur, rejecting his applicati...

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Bombay High Court Dismisses Petitions Challenging Termination of Highway Construction Contracts for Non-Compliance with Contractual Conditions. Court upholds termination based on failure to achieve prescribed milestones and maintain financial solvency under the National Highways Act, 1956.

The judgment involves two writ petitions filed by construction companies challenging the termination of contracts awarded by the Ministry of Road Tran...

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Bombay High Court Dismisses Petition to Quash Rape FIR Despite Settlement. Non-Compoundable Offences Under Sections 376 and 313 IPC Cannot Be Quashed on Compromise as They Are Against Society.

The petitioner filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Rape Case Due to Inconsistent Testimony. Trial Court's Use of Vulgar Language in Recording Testimony Strongly Deprecated.

The State of Maharashtra appealed against the judgment dated 14/08/2012 of the Additional Sessions Judge, Kopargaon, in Sessions Case No.19 of 2010, w...