Search Results for "mental incapacity"

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Bombay High Court Allows Mentally Challenged Person to Donate Kidney to Brother Under Transplantation of Human Organs and Tissues Act, 1994 — Natural Guardians Can Give Consent for Organ Donation by Mentally Incompetent Donor.

The petitioners, Ganpatrao Pawar and his wife Suman, are parents of two sons: Amol (petitioner no. 3), who is mentally challenged and represented by h...

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Bombay High Court Awards Compensation to Widow and Children for Death of Patient in Mental Hospital Due to Negligence. State Held Vicariously Liable for Failure to Provide Adequate Staff and Security at Yerwada Mental Hospital.

The petitioners, the widow and two children of a deceased man, filed a writ petition seeking compensation from the State of Maharashtra and its office...

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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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Bombay High Court Allows Husband's Appeal in Divorce Case Based on False Criminal Prosecution as Cruelty. Filing of false Section 498A IPC case and its conduct constitutes mental cruelty under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The case involves a Family Court Appeal filed by the husband against the judgment and decree dated 5th April 2006 of the Family Court, Pune, dismissin...

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Bombay High Court Upholds Life Conviction for Murder Despite Insanity Plea — Bipolar Mood Disorder Not Proven to Cause Incapacity to Know Nature of Act. Section 84 IPC Exception Rejected as Appellant Failed to Establish Legal Insanity at Time of Offence.

The appellant, Sarjerao Rambhau Machale, was convicted by the Additional Sessions Judge, Pune for murder under Section 302 IPC and sentenced to life i...

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Supreme Court Allows State's Appeal in Invalid Pension Case — Qualifying Service of Ten Years Must Be Satisfied Under Orissa Civil Services (Pension) Rules, 1992. Invalid Pension Under Rule 39 Cannot Be Granted Without Meeting the Minimum Qualifying Service Prescribed Under Rule 47.

The Supreme Court allowed the appeal filed by the State of Odisha against the judgment of the Orissa High Court, which had upheld the Odisha Administr...