India - Gujarat
officers must be aware in such case and inform victim about termination of pregnancy at right stage. ... medical opinion it was dangerous terminating pregnancy at this stage – court while declining to permit termination held that judicial ... Articles 21, 39 & 226 – Medical Termination of Pregnancy Act, 1971 – Sectio....
India - Delhi
suffered by the victim were in connection with the demand of dowry. ... Fact of the Case: The deceased was married to the appellant and subjected to dowry harassment. ... , and the cruelty and harassment suffered by the victim were in connection with the demand of dowry. ... The Apex Court noted that the word “dowry” has#H....
India - Madras
Evidence Act, 1872 - Section 32 - Conviction based on dying declaration - Court has to be satisfied that dying declaration without ... corroboration can be utilised for basing conviction or not. ... At that time, P.W.2 heard the scream, came out and saw the victim found in flames. ... It will #HL_ST....
India - Patna
Procedure Sec. 389 - Criminal Appeal remaining pending in High Court - Appellants not on bail - In case of substantive appeals on ... Capital Charge, delays of one year is a relevant consideration for grant of bail except in cases of heinous crime - Art 21 mandates ... It is also to be seen in case of a woman whether....
India - Gauhati
– Held, As this Court has already indicated that evidence of victim is trustworthy and there is no reason to disbelieve her evidence ... of victim and committed sexual intercourse - Then her brother appeared and saw both of them in a compromising state and intervened ... who also received support from evidence of this Court unhesitatingly holds #HL_STA....
India - Allahabad
” of the victim ought to be decided by the Court at the time of considering grant of leave to appeal—Criminal Misc. ... “Legal Heir” has to be understood in its ordinary or natural sense—If any person is able to establish his status as “heir” recognized ... actual receiver of harm ....
mandated - Evaluated and examined, it would be appropriate, at the first stage, to highlight, the factual projection requiring consideration ... Court, since the matter is completed the Registry is directed return with a messenger the said muddamal articles at the earliest ... opportunity - Sufficient time should be granted for being paid the amount of fine - Directed to#HL_END....
India - Kerala
of Pregnancy Act, arguing that they violate the right to life of an unborn child as enshrined in Article 21 of the Constitution. ... Ratio Decidendi: The court upheld that the provisions of the MTP Act are constitutionally valid, recognizing a woman's right ... They contended that all unborn children possess human rights from the mom....
India - Calcutta
Fact of the Case: The case involved the rape of a girl by multiple individuals at a lodge. ... Finding of the Court: The court found the appellants guilty of acting in concert to commit rape, emphasizing the victim's ... court in trying cases of sexual assault. ... Moitra has also referred to a ....
of being a victim of sexual assault implicate an innocent person victim of sexual aggression would rather suffer silently than to ... to applicant severity of punishment - Court not find any good ground to release applicant on bail - Application is rejected. ... while appreciating evidence of prosecutrix values prevailing country particularly unusual for a woman #HL_STA....
The court found that the section is a reasonable restriction on the freedom of speech and expression, and that it is necessary to ... The court found that the section is a reasonable restriction on the freedom of speech and expression, and that it is necessary to ... authorizes the Public Prosecutor to file a complaint in#HL....
India - Supreme Court
in spite of Expert Body’s findings which showed that the victim had expressed her willingness to bear a child – Held that victim ... of the Expert Body would be given due weightage in arriving at a decision – However, High Court directed termination of pregnancy ... an affidavit that the said Trust ....
Ratio Decidendi: A minor's consent is irrelevant in offenses of sexual abuse, and the court emphasized that situations involving ... The court emphasized the need for sensitivity in handling such serious offenses. ... The victim was reported missing, later returned home traumatized, and revealed the events to her parents and police. ... The Supreme #H....
India - Karnataka
The test that has to be applied by the court is that, the fact stated against the accused, has to be accepted as per the averments ... of objections filed by the State in which he has fortified and clarified that the contentions taken-up in the p....
India - Punjab and Haryana
In order to ensure that if any case is brought before the gestation period reaches 20 weeks, victim be informed about her choice ... not to be mentioned--High Court Registry directed not to mention the name of rape victim in the cause list, judgment order, but they ... Advocate Gen....
solemn duty of a court to deliver justice before memory of an injustice eclipses – Needless to say that bail application shall be ... of a private counsel, it shall be obligatory upon High Court to provide them a legal aid counsel with adequate experience in criminal ... decided on merits and after giving adequate op....
by neck till death’ by learned Sessions Judge Confirmation Case referred to this Court under Section 28 read Section 366 Criminal ... All these cases arise out of judgment and order rendered by learned Sessions Judge – Camp at Central Jail ... in Sessions 86 – Conviction accused under Section 302 of Indian Penal Code and sentencing them for capital punishment to #HL_STA....
invoke inherent powers of this Court, praying for quashing of proceedings of Sessions Case pending in Court of Sessions Judge, arising ... was the result of a misconception of fact created in her mind as to the intention of the accused to marry her is a question of fact ... and can be well appreciated by the Trial Court only after the....
Constitution of India-Article 226-Writ of certiorari to quashing an order -Form and procedure to be adopted. ... He said in so many words all of which I am not able to recall at present. ... of his defence and also to state whether he desires to be heard in person....
The victim, a young woman, was found in a house and alleged to be involved in prostitution and immoral activities. ... Ratio Decidendi: The court applied the legal principles from various Supreme Court decisions to determine whether the allegations ... Finding of the Court: The court#HL....
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