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Search Results for "fetus"

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High Court

Gujarat High Court Allows Compensation for Death of Unborn Child in Motor Accident Claim. Court holds that a fetus of seven months is a 'person' under the Motor Vehicles Act, 1988, and its death entitles the parents to compensation under Section 166.

9 Feb 2026

The case involves a motor accident claim arising from the death of Nitaben Prabhubhai Bavaliya and her seven-month-old fetus in a motor cycle accident...

Supreme Court

Supreme Court Allows Minor Rape Victim to Terminate Pregnancy Beyond 24 Weeks — Best Interests of the Child and Medical Board Opinion Paramount. The court held that the welfare of a 14-year-old minor rape victim is paramount, and termination of pregnancy at 29.6 weeks was permitted based on medical board opinion that continuation would negatively impact her physical and mental well-being, despite the statutory limit under the Medical Termination of Pregnancy Act, 1971.

9 May 2024

This appeal arose from a Division Bench judgment of the Bombay High Court dated 4 April 2024, which denied a 14-year-old minor rape victim ('X') permi...

High Court

High Court of Karnataka Allows Minor Rape Victim to Terminate 28-Week Pregnancy Under Medical Termination of Pregnancy Act, 1971 — Best Interest of Child and Mental Trauma Considered. The court directed the hospital to admit the minor and perform the termination based on expert medical opinion and to prevent mental trauma.

12 Dec 2023

The petitioner, a 17-year-old minor represented by her father, filed a writ petition under Article 226 of the Constitution of India seeking a directio...

High Court

Bombay High Court Allows Minor Rape Victim's Pregnancy Termination with DNA Preservation Directions. Court Permits Medical Termination of Pregnancy of 24-Week Gestation Under MTP Act, 1971, and Orders Preservation of Fetal Samples for Criminal Trial.

26 Jul 2023

The petitioner, a minor girl aged 17 years 11 months and 21 days, filed a writ petition through her mother seeking directions for medical termination ...

High Court

High Court of Karnataka Dismisses State Appeal Against Acquittal in POCSO Case — Prosecution Fails to Prove Age of Victim and Ingredients of Offences Beyond Reasonable Doubt. Acquittal of Accused for Offences Under Sections 366 and 376(2)(j) of IPC and Sections 5(l) and 6 of POCSO Act Upheld Due to Lack of Evidence on Age and Absence of Corroboration.

4 Nov 2022

The State of Karnataka appealed against the judgment of acquittal dated 30.01.2020 passed by the Special Judge, Uttara Kannada, Karwar, in Special Cas...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Lack of Evidence and Inconsistent Testimonies. Conviction under Sections 302, 201 r/w 34 IPC set aside as prosecution failed to prove homicidal death and chain of circumstances was incomplete.

15 Mar 2021

The present appeal challenges the impugned judgment and order dated 30th November 2018 passed by the Additional Sessions Judge, Nashik in Sessions Cas...

High Court

Bombay High Court Dismisses Appeal in POCSO Case — DNA Evidence Conclusive Despite Hostile Victim. Conviction Under Section 376(2)(i)(n) IPC and POCSO Act Upheld as DNA Report Proved Appellant as Biological Father of Aborted Fetus of Mentally Retarded Minor.

29 Jan 2019

The appellant, Shaktiman Sondawale, was convicted by the Additional Sessions Judge, Nagpur, for offences under Section 376(2)(i)(n) IPC and Sections 5...

High Court

Bombay High Court Upholds Acquittal in Rape and Abortion Case Due to Inconsistent Evidence and Delayed FIR. Allegations of Rape and Forced Abortion Fail as Prosecution Witnesses Turn Hostile and Medical Evidence Does Not Support Prosecution Case Under Sections 376, 314 r/w 34 IPC and SC/ST Act.

12 Apr 2018

The State of Maharashtra appealed against the acquittal of Shivaji Ghodekar and Dr. Shubhangi Chinnawar in Sessions Case No. 123/2001. The case arose ...

High Court

Bombay High Court Allows Termination of Pregnancy Beyond 20 Weeks Due to Severe Foetal Anomalies. Medical Board Confirms Substantial Risk of Serious Physical Handicap Under Section 3(2)(b) of Medical Termination of Pregnancy Act, 1971.

9 Jan 2018

The petitioner, a woman in her 27th week of pregnancy, filed a writ petition seeking permission for medical termination of pregnancy. She had undergon...

High Court

High Court of Karnataka Dismisses State Appeal Against Acquittal in Medical Negligence Case — No Causal Link Established Between Treatment and Death. Section 304-A IPC requires proof of rash or negligent act directly causing death; failure to prove beyond reasonable doubt leads to acquittal.

13 Nov 2013

The State of Karnataka appealed against the acquittal of Dr. S. Vijayalaxmi and Dr. K.M. Rajagopal for an offence punishable under Section 304-A read ...

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