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Judgments and Orders

Ajay Bijli v. State of Delhi (1999) - Consent of Mother for Valid Adoption

 03 October 2020

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...

Posted in Others |   1373 hits

Darga Ram @ Gunja v. State of Rajasthan (2015) - Juvenility on the Date of the Commission of Offence

 03 October 2020

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..

Posted in Others |   2207 hits

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 |   5388 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 |   3809 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 |   3401 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 |   947 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 |   1548 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 |   829 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 |   752 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 |   959 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 |   681 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 |   688 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 |   975 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 |   1020 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 |   10798 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 |   782 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 |   749 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 |   1463 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 |   1340 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 |   1776 hits