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High Court of Bombay Sets Aside Conviction Under Section 6 of POCSO Act for Failure to Prove Victim's Minority. Non-Production of School Birth Certificate Renders Ossification Test Insufficient Under Mandatory Age Determination Procedure.

Background: The present appeal arose from the judgment of the Additional Sessions Judge, Sangli, in Special Case (POCSO) No.61/2016, whereby the appel...

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Bombay High Court Allows Habeas Corpus Petition Against Illegal Police Detention After Judicial Remand. Detention in Police Lockup Despite Order of Judicial Custody Found to Violate Constitutional Rights; COVID-19 Testing Requirement Not a Justification.

The petitioner, wife of the accused Mohd. Usman Shaikh, filed a writ petition under Article 226 of the Constitution of India seeking a writ of habeas ...

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Supreme Court Dismisses Appeals in Domestic Worker Trafficking Case — Upholds High Court's Rejection of Compounding and Discharge Orders. Court holds that Section 370 IPC trafficking offence is non-compoundable and that prima facie case exists against accused for wrongful confinement and trafficking.

The Supreme Court of India dismissed two appeals arising from a common FIR involving allegations of wrongful confinement and trafficking of a female d...

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Bombay High Court Allows Minor Rape Victim to Terminate Pregnancy Beyond 20 Weeks Under MTP Act. Mental Trauma and Tender Age Justify Termination Despite Gestational Age Exceeding Statutory Limit.

The petitioner, a minor girl aged 14 years and 6 months, through her father, filed a writ petition seeking permission to undergo medical termination o...

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Bombay High Court Quashes Suspension and Departmental Inquiry Against Municipal Employee for Lack of Jurisdiction. Suspension Order Passed by Municipal Commissioner Instead of General Body Held Invalid Under Section 57 of Maharashtra Municipal Corporations Act, 1949.

The petitioner, Mr. Sanjay G. Gharat, an employee of the Kalyan Dombivali Municipal Corporation (KDMC), challenged the suspension order dated 18th Jun...

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Bombay High Court Quashes FIR in Dowry Harassment Case Due to Settlement and Lack of Territorial Jurisdiction. Marriage dispute between husband and wife leads to quashing of criminal proceedings under Section 482 CrPC as parties amicably settled and FIR was lodged at a place with no jurisdiction.

The applicants, including the husband Ashish Mali and his family members, filed an application under Sections 482 and 483 of the Code of Criminal Proc...

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Bombay High Court Quashes Criminal Proceedings in Bank Fraud Case Due to Lack of Territorial Jurisdiction. Offences Allegedly Committed in Dubai Cannot Be Tried in Ahmednagar Without Sanction Under Section 188 CrPC.

The petitioners, Kishore Devji Sagar and Pravinchandra Devji Sagar, were original accused in RTC No. 165 of 2003 pending before the Chief Judicial Mag...

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High Court Quashes POCSO Proceedings Against Accused Due to Lack of Prima Facie Evidence of Sexual Assault. Allegation of Penetration Not Supported by Medical Evidence or Victim's Statement Under Section 164 CrPC.

The petitioner, Krishnappa, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Special Case No.28/2...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim — Fastens Liability on Insurer Despite Owner's Breach of Policy Conditions. Claimants entitled to compensation from insurer as third-party rights are protected under Section 149 of Motor Vehicles Act, 1988.

The appeal was filed by the claimants, legal representatives of the deceased Narasimhaiah, who died in a motor vehicle accident on 08.02.2016. The cla...