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The Court refused to accept the argument urged by the counsel of the Appellants, Mr.Sawhney, that the test adopted by the High Court in dealing with the question of sentence is mechanical and unreasonable. ..
The Court was satisfied that the Plaintiff has made a prima facie case for grant of interim reliefs. The balance of convenience was in favour of the Plaintiff. ..
The Supreme Court mentioned that, it could not resist to express the distress that the High Court had chosen to advance fragile reasons to upset a well-reasoned conclusion by the trail court that the deceased was throttled to death..
The petition was dismissed leaving it open to the petitioner to comply with the objections raised by the RPO and to resubmit her application with the correct details, inter alia, with regard to her parentage. The parties were left to bear their respe..
In the absence of evidence of valid adoption, including proof of giving and receiving, and in the view of Sabitri Bala's subsequent conduct and that of defendant No. 1, he rejected his assertion of acceptance. In the matter of his supposed adoption b..
The Bombay High Court held that both the Courts below had rightly held that the plaintiff cannot be held adopted son of Kundanbai and he has been rightly denied his succession to the properties of Kundanbai...
The court held that the child can be adopted "under the authority" of the parents. The adoptive mother had executed a valid Power of Attorney authorising her attorney to take the petitioner in adoption on her behalf...
The Supreme Court rejected the Special Leave petition filed by the husband and observed that For the last two decades, Section 125 of the Code of Criminal Procedure, including the explanation referred to in subsection (1) thereof, has been consisten..
The Court declared the appeal to be failed and dismissed it. There was no order as to costs. The court further mentioned that once the judgment was properly understood there was no charter for inference by the High Courts with findings of facts recor..
The court held that, prima facie, Nirmala does not appear to have been adopted by Obalappa which is evident from the deed of gift executed by him. Even in the transfer deed executed by Kadarappa, Nirmala was described as a foster daughter of Obalappa..
When considering all the matters in-depth, the court noted that Section 6 of the Hindu Adoption and Maintenance Act, 1956, permits the adoption of a Hindu child alone by a Hindu. The law does not accept the adoption of any person other than a Hindu b..
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 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 ..
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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