Search Results for "Mental Health Act, 1987"

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FIRST APPEAL NO. 1272 OF 2019

The first appeal was preferred by the original opponent against the order cancelling her appointment as guardian of her husband. The appellant was app...

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Bombay High Court Allows Daughter to Be Appointed Legal Guardian of Mother Suffering from Alzheimer's Disease — Recognizes Lacuna in Mental Health Act, 1987 and Hindu Minority and Guardianship Act, 1956 for Guardianship of Mentally Ill Adults.

The petitioner, Anushka Rajiv Mohite, filed a writ petition before the Bombay High Court seeking to be appointed as the legal guardian of her mother, ...

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Bombay High Court Acquits Accused in Rape of Mentally Retarded Woman Due to Lack of Consent Evidence. Conviction under Section 376(2)(l) IPC set aside as prosecution failed to prove absence of consent and knowledge of mental retardation.

The present appeal challenged the conviction and sentence of the appellant under Section 376(2)(l) of the Indian Penal Code, 1860 (IPC) for the rape o...

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Bombay High Court Allows Appeal of Convict in Murder Case Due to Benefit of Doubt on Insanity Plea. Conviction Under Section 302 IPC Set Aside as Prosecution Failed to Prove Mens Rea Beyond Reasonable Doubt.

The appellant, Ramchandra Shenfadu Patil, was convicted by the Additional Sessions Judge, Amalner in Sessions Case No.26/2009 for the murder of his mo...

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Bombay High Court Upholds Juvenile Board's Decision to Try Older Juvenile as Adult in Murder Case — Section 15 of Juvenile Justice Act, 2015 Requires Individualized Assessment of Physical and Mental Capacity to Commit Offence.

The case involves two juveniles, aged 17.5 years and 16.5 years, accused of murdering a three-and-half-year-old child. The Juvenile Justice Board, aft...

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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.

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

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Bombay High Court Holds City Civil Court is District Court Under Mental Health Act, 1987 — Reference to Larger Bench Resolved. The High Court in its Ordinary Original Civil Jurisdiction is not the District Court for the purposes of the Mental Health Act, 1987.

The case involved a reference to a larger bench to resolve a conflict between two learned single judges of the Bombay High Court regarding the interpr...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Insufficient Evidence. Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt Under Section 302 IPC.

The State of Maharashtra appealed against the judgment and order dated 3/7/1989 passed by the Sessions Judge, Ratnagiri, in Sessions Case No.39 of 198...