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Judgments and Orders

Abhilasha v. Parkash & Ors (2020) - Maintenance to Unmarried Daughter under Section 125 CrPC

 03 October 2020

The court held that an unmarried Hindu daughter can claim maintenance from her father till she is married, even if she is not physically or mentally injured. The court relied on Section 20(3) of the Hindu Adoptions and Maintenance Act 1956, provided ..

Posted in Constitutional Law |   5259 hits

Hanmant Laxman Salunke v. Shrirang Narayan Kanse (2006) - Age Difference between Adoptive Mother and Adoptive Son to be at least 21 Years Mandatory

 03 October 2020

The court held that the age difference between adoptive mother and adoptive son to be at least 21 years is mandatory in nature..

Posted in Constitutional Law |   3601 hits

Smt. Shanti v. State of Haryana (1991) - S. 304B & 498A IPC not Mutually Exclusive

 03 October 2020

The Apex Court observed that the view of the High Court that Sections 304-B and 498-A Indian Penal Code are mutually exclusive is not correct. Sections 304-Band 498-A cannot be held to be mutually exclusive. ..

Posted in Others |   3337 hits

Is the offence of destroying the evidence punishable under Section 201 of IPC and connected with offence of Section 313 of IPC

 03 October 2020

The court observed that miscarriage punishable under Section 313 of the IPC cannot be necessarily said to be connected with rape..

Posted in Others |   902 hits

SC upheld the constitutionality of Death Penalty under Section 302 of the Indian Penal Code and Section 354(3) of the Code of Criminal Procedure

 30 September 2020

The Supreme Court upheld the constitutional validity of death penalty for murder in Section 302, Indian Penal Code, 1860 and the procedure in Section 354(3), Code of Criminal Procedure, 1973 while dismissing the challenges pertaining to the span>cons..

Posted in Others |   1512 hits

Whether the offence committed by the petitioner fell under section 302 of the IPC or section 304 of the IPC having regard to the provisions of section 86 of the Indian Penal Code

 30 September 2020

In section 86 of the IPC the first part speaks of intent or knowledge, the latter part deals only with knowledge which raised a certain element of doubt.So the court referred to various precedents of English Courts as to whether the intent is also pr..

Posted in Others |   802 hits

Whether the offence committed by the petitioner fell under section 302 of the IPC or section 304 of the IPC having regard to the provisions of section 86 of the Indian Penal Code

 30 September 2020

In section 86 of the IPC the first part speaks of intent or knowledge, the latter part deals only with knowledge which raised a certain element of doubt.So the court referred to various precedents of English Courts as to whether the intent is also pr..

Posted in Others |   718 hits

Whether there was a presence of dishonest intention to constitute theft

 30 September 2020

The court observed that the commission of theft requires: the absence of the person's consent at the time of moving the property the presence of dishonest intention at that time..

Posted in Others |   936 hits

On considering all the matters in detail the two judges came up with concurring but separate judgments

 30 September 2020

The National Charter for Children, 2003 recognized that child marriage is a crime and an atrocity committed against the girl child. Following the charter the National Policy for Children was notified on 2013 and it states that every person below the ..

Posted in Others |   675 hits

Obtaining consent by putting fear of death or hurt For criminal trial, the onus is on the prosecution to prove all the ingredients of an offence

 30 September 2020

Supreme Court reversed the order of the High Court and the conviction recorded against it as well, as the sentences imposed upon the appellants by it were set aside..

Posted in Others |   675 hits

Writ petition seeking directions for inquiry against forced prostitution, Devadasi and Jogin Traditions and Rehabilitation of the victims

 30 September 2020

The Court responded saying that the matter is of great importance warranting a comprehensive and searching analysis and requiring a humanistic rather than a purely legalistic approach from different angles. The questions involved cause considerable a..

Posted in Others |   961 hits

The Trial Court had acquitted the offenders for the offenses under the sections 363, 366, 368 and 376

 30 September 2020

The Court opined that according to the evidence act, corroborative evidence is not essential component in every case of rape and is only used as a guidance paradigm and not as substantive law in judicial proceedings. The prosecutrix of a sexual offen..

Posted in Others |   1012 hits

SC laid down guidelines for compensation and rehabilitation of rape victims

 30 September 2020

The Hon’ble Supreme Court held that rape transgressed the fundamental right to live with dignity under Article 21 of the Constitution. The court mandated the National Commission of Women to prepare a scheme for the rehabilitation of the rape victims ..

Posted in Criminal Law 1 comments |   10717 hits

Culpable homicide is murder if the act by which the death is caused is done with the intentions of causing bodily injury to any Person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death

 30 September 2020

The Court carefully examined all the evidences and heard the testimonies of all the witnesses and then came to he conclusion. The Court held that, the act of appellant in poring acid on the body was preplanned and he intended to cause the injury whic..

Posted in Others |   759 hits

If two separate charges of Wrongful Confinement can be imposed at the same time

 30 September 2020

The sentence imposed on petitioners was enhanced and each of the petitioners was sentenced to suffer S.I. for two months, in addition to the fine already imposed...

Posted in Others |   708 hits

The appeal was for custody of the child

 28 September 2020

Since the factors in favour of Respondent are weightier than those in favour of the Appellant which have been noted above. The custody was given to the Respondent/ Mother. Since the mother was a school teacher, the Court ordered to get the child admi..

Posted in Family Law |   1413 hits

The appeal was partially admitted

 28 September 2020

The Court agreed with the findings given by the First Appellate Court. The First Appellate Court came tothe conclusion that the case property was sold...

Posted in Family Law |   1306 hits

The appeals were dismissed subject to the partial modifications

 28 September 2020

The appeals were dismissed subject to the partial modification of the order passed by the District Judge and High Court...

Posted in Family Law |   1739 hits

Can the sale of a suit property inherited by the minor carried out by the de facto guardian

 28 September 2020

The Court held that “the minor on attaining majority did not ratify the sale deed executed by his defacto guardian with the defendant and entered into a sale deed with the appellant...

Posted in Family Law |   1200 hits

Does the court have a right to appoint a person for guardianship of the minor

 28 September 2020

The Court upheld the decision of the District Judge and revision was dismissed stating “That case is distinguishable inasmuch as the parties were Mohammadans and Section 13 of the Hindu Minority and Guardianship Act, 1956 did not apply there.By virtu..

Posted in Family Law |   1434 hits







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