Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VINOD DIWAKAR
Baru Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
HON’BLE VINOD DIWAKAR, J.
A law which a man cannot obey, nor act according to it, is void and no law: and it is impossible to obey contradictions, or act according to them- Vaughan, C.J., in Thomas v. Sorrell, 1677 [Lon L. Fuller, The Morality of Law, Chapter II: "The Morality that Makes Law Possible" (revised ed., Yale University Press, 1969), wherein the author opens the chapter with the aforementioned dictum of Vaughan C.J.] This judgment will open with the aforesaid aphorism, to reflect upon the troubling tendency of bureaucratic systems to render the law ineffective in practice, despite its clear mandate in statute.
1. Heard Shri Suresh Kumar Maurya, holding the brief of Shri Parvat Singh, learned counsel for the petitioners, Ms. Vijeta Singh, learned Amicus Curiae, learned A.G.A. for the State, and perused the material available on record.
2. The present petition has been filed with two-fold prayers: (i) seeking a direction to the learned Additional District Judge/Special Judge (POCSO Act), Meerut, to allow petitioner no.2 (hereinafter referred to as 'X') to terminate her unwanted pregnancy of approximately five months; or, in the alternative, and (ii) directing the Ch
The court cannot permit medical termination of pregnancy at an advanced gestational stage if a duly constituted Medical Board concludes that such a procedure poses a serious threat to the life and he....
(1) Courts must follow and implement law – Courts cannot commit violence against law.(2) Kidnapping and rape of minor girl – When such offences of rape and aggravated penetrative sexual assault are c....
The central legal point established in the judgment is the eligibility for medical termination of pregnancy of a minor victim of sexual assault under the statutory framework of the Medical Terminatio....
The court established that the rights of children residing with incarcerated parents must be prioritized, mandating educational and developmental support systems to mitigate the adverse effects of im....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
