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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...

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Supreme Court Examines Culpability for BMW Hit-and-Run: State Appeals Against High Court's Reduction of Conviction from Section 304 Part II to Section 304A IPC. The Core Issue is Whether the Accused Had Knowledge of Likely Death to Attract the Graver Offence.

The case arose from a fatal motor accident involving a BMW car driven by the respondent, Sanjeev Nanda, on the night of 9/10 January 1999 in New Delhi...

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Bombay High Court Quashes Seizure of Sonography Machine for Violation of Natural Justice under PC & PNDT Act. Failure to Provide Opportunity to Disprove Presumption Before Drawing Adverse Inference Renders Action Illegal.

The petitioner, Dr. Sujit Govind Dange, a medical practitioner, challenged the legality of a notice/order dated 21.6.2011 passed by the Medical Office...

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Supreme Court Allows Appeal Against Arrest Under PML Act — Validity of Arrest Under Section 19 PML Act Must Be Examined by Trial Court at Remand Stage

The Supreme Court heard an appeal by Arvind Kejriwal challenging his arrest by the Directorate of Enforcement (DoE) under Section 19 of the Prevention...

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Supreme Court Allows Appeals of Shiksha Karmis in Bias and Natural Justice Conflict. Breach of Audi Alteram Partem Cured by Revisional Hearing Where No Actual Bias Proved Under Section 40(c) of Madhya Pradesh Panchayat Raj Act Avam Gram Swaraj Adhiniyam, 1993.

The case involves four civil appeals arising from a split verdict of the Supreme Court regarding the validity of appointments of Shiksha Karmi (Grade ...

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Supreme Court Allows State Appeal in Forest Constable Recruitment Case — Cancellation of Select List Upheld Due to Serious Irregularities. Selection Process Conducted Without Written Examination and Violated Reservation Policy, Justifying Fresh Recruitment.

The Supreme Court allowed the appeal filed by the State of Assam and its officers against the judgment of the Gauhati High Court, which had quashed th...