Search Results for "Mental Health Exception"

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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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Supreme Court Dismisses Appeal of Convicts in Murder Case Under Section 302 IPC. High Court's affirmation of life imprisonment upheld based on eyewitness testimony and discovery of weapons, despite challenges to evidence reliability.

The appeal arose from a murder conviction where two appellants were convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860, a...

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Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

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Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

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High Court of Karnataka Quashes Criminal Proceedings in Dowry Harassment Case Due to Lack of Territorial Jurisdiction. Proceedings under Sections 324 and 498A IPC initiated at Mangaluru set aside as no part of cause of action arose within that jurisdiction.

The petitioner, Dr. Aakash Shetty, filed a petition under Section 482 Cr.P.C. seeking quashing of proceedings in C.C.No.1712/2017 (P.C.No.100/2016) pe...

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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 Allows Termination of Pregnancy for Deaf-Dumb-Mentally Challenged Rape Victim Under Medical Termination of Pregnancy Act, 1971. The court directed termination of pregnancy based on expert committee report that continuation would cause severe mental trauma and risk to life.

The petitioner, a minor deaf-dumb-mentally challenged girl, was raped by an unknown person, resulting in pregnancy of 18-19 weeks. Her mother filed a ...

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Bombay High Court Sets Aside Divorce Decree in Hindu Marriage Act Case — Allegations of Cruelty and Desertion Not Proven. Court holds that isolated incidents and vague allegations do not constitute cruelty under Section 13(1)(ia) and desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955.

The appellant wife challenged the Family Court's decree of divorce granted to the respondent husband on grounds of cruelty and desertion under Section...