Search Results for "parens patriae"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "parens patriae"

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High Court

High Court of Karnataka Allows Hysterectomy for Mentally Disabled Woman in Best Interest — Parents' Petition Granted for Therapeutic Procedure Without Medico-Legal Impediment. The court held that the procedure is in the best interest, dignity, health, and welfare of the patient, who suffers from cerebral palsy, mental retardation, and epilepsy, and is unable to give consent.

17 Jun 2026

The petitioners, H Kusuma and Nataraja K, are the parents and primary caregivers of their daughter Ms. Harshitha N (referred to as X), aged about 25 y...

Supreme Court

Supreme Court Allows Mother's Appeal in Habeas Corpus for Disabled Adult Son, Sets Aside High Court Order for Fresh Consideration of Best Interests and Competency. The court held that the High Court must conduct a proper inquiry into the mental capacity and best interests of a disabled adult before dismissing a habeas corpus petition, and must give comity to a foreign guardianship order.

15 Jan 2025

The case concerns a custody dispute over Aadith Ramadorai, a 22-year-old US citizen with Ataxic Cerebral Palsy, between his mother (appellant) and fat...

Supreme Court

Supreme Court clarifies the scope of possession of child pornography under POCSO and IT Act. Mere possession or downloading of child pornography is not an offense under POCSO unless accompanied by intent to distribute or transmit. However, POCSO's strict provisions aim to protect children, considering child pornography's significant impact on societal welfare.

23 Sep 2024

Scope of Section 15 of the POCSO: The primary legal issue was whether mere possession of child pornographic material without intent to distribut...

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...

Supreme Court

Supreme Court Dismisses Application for Juvenile Status Determination in Death Penalty Case Due to Inconsistent Evidence and Procedural Delays. Applicant Failed to Prove Juvenility Under Section 9(2) of Juvenile Justice (Care and Protection of Children) Act, 2015, with Discrepancies in Name and Age Documents and Belated Claim After Conviction Confirmation.

27 Mar 2023

The case involved an application under Section 9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, filed by a convict sentenced ...

Supreme Court

Supreme Court Upholds Father's Custody of Minor Daughter in Guardianship Dispute — Child's Welfare Paramount, Mother's Paranoid Schizophrenia and Unsubstantiated Allegations of Sexual Abuse Considered

16 Dec 2019

The Supreme Court disposed of a Special Leave Petition filed by the mother (DSG) challenging an interim order of the Delhi High Court dated 26.03.2019...

Supreme Court

Supreme Court Modifies Custody and Visitation Order in Guardianship Dispute — Directs Continuation of Minor Child in Boarding School with Enhanced Visitation Rights for Mother. The Court upheld the High Court's direction for the child's admission in Good Shepherd International School, Ooty, but modified the visitation schedule to allow the mother custody during entire summer vacation and half of winter vacation, balancing the child's relationship with both parents under the Guardian and Wards Act, 1890.

1 Jul 2019

The case involves a custody and guardianship dispute between the appellant (mother) and respondent (father) over their minor daughter, Aditi, born on ...

Supreme Court

Supreme Court Upholds High Court's Quashing of State Order Transferring Idol Theft Cases to CBI. Court holds that transfer of investigation without consulting the investigating officer and without court's approval was improper.

12 Apr 2019

The State of Tamil Nadu appealed against the Madras High Court's judgment dated 30.11.2018, which quashed the State Government's order dated 01.08.201...

High Court

Bombay High Court Allows Adoption Petition Despite Non-Compliance with Two-Year Guardianship Period — Best Interest of Child Overrides Procedural Requirement. The court held that the two-year waiting period from guardianship order is not mandatory and can be waived when the minor has been with the petitioners since birth and adoption is recommended.

11 Apr 2018

The petitioners, Mayur Gopal Salian and Deviyani Kiran Varma, filed an Indian Adoption Petition under the Hindu Adoptions and Maintenance Act, 1956, s...

High Court

Bombay High Court Quashes Magistrate's Order in Immoral Traffic Case for Violation of Mandatory Procedure Under Section 17(2) of ITP Act — Prior Hearing to Victim Not Given Before Enquiry. The court held that hearing the victim after the court had already decided to conduct an enquiry does not comply with the mandatory requirement of Section 17(2) of the Immoral Traffic (Prevention) Act, 1956.

11 Jan 2018

The petitioner, Ramsingh @ Raisaheb Guddawat, filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench, challenging an order passed b...

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