It was held by the court that in cases where a child was adopted, the effect of adoption is such that it creates a legal fiction and the child becomes the natural heir. Where an adoption is such that it relates back and makes him eligible for all the..
The judgment of Shabnam Hashmi provided the adoption as the Fundamental Right. It was permitted that any person irrespective of religion can adopt a child under the Juvenile Justice (Care and Protection of Children) Act, 2000. s..
The adoption of Deep Chand was challenged as fictitious and ineffective. It was further urged that even if the adoption was valid, Deep Chand became the adopted son of Smt. Bhagwani and could not succeed to the properties of Ramji Dass. The appellant..
In the facts of the present case, we are dealing with a situation where the marriage between the parties has been proved. However, the petitioner was already married. But he duped the respondent by suppressing the factum of alleged first marriage. On..
The Court discussed Sections 4, 6, 9 and 11 of HAMA and then carefully gave the judgment. It held that the scheme of HAMA is not to make a child of 15 years of age or above fir to be taken in adoption. The exception however is made in favour of custo..
The Court held that the appeal had filed and was thus dismissed. Considering the fact and circumstances of the case, there was no order as to costs...
The court noted that without the mother's permission, the father cannot give in adoption. There was no conformity with either Section'7 'or Section'9' and thus, as the petitioner pleaded, there was no adoption...
The Supreme Court held that the appellant was a juvenile at the time of the occurrence of offence no matter the offence committed by him is heinous and as such he is entitled to the benefit of Juvenile Justice (Care and Protection of Children) Act, 2..
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 ..
The court held that the age difference between adoptive mother and adoptive son to be at least 21 years is mandatory in nature..
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. ..
The court observed that miscarriage punishable under Section 313 of the IPC cannot be necessarily said to be connected with rape..
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..
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..
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..
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..
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 ..
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..
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..
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..
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