Guardians and Wards Act, 1890, Section 7, 9 -- Custody of minor girl - Claimed by mother - Minor daughter is 12 years of age and certainly capable of forming an intelligent preference regarding her custody - She stated that she received love and affection from her father, who was taking care of her food, education and would assist her in her school projects and activities..........
Medical Negligence - - Total blindness of new born baby - Enhancement of compensation - Negligence occurred in 2005 - Litigation is pending before Supreme Court for over 3 years, coupled with fact that additional monthly expenses, such as care of attendant/nurse, educational expenses of patient in a special school, assistive devices etc. have not been taken into account -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Accused attacked PW2/Headmaster only under impression that PW2 was responsible for transfer of his wife to another school - In view of evidence of injured witness and recovery effected from accused, conviction of accused is upheld - However, accused is in custody for about 1 year and 2..........
Education -- Correction of names in class X certificate - Since CBSE itself in its record has accepted names as claimed by petitioner therefore to set their records straight and there being no serious dispute about fact that school authorities have forwarded case of petitioner to CBSE - Direction issued...........
Constitution of India, 1950, Article 32, Shri Jagannath Temple Act, 1954, Section 21 -- Administration of Temple - Schools for children of servitors - Directions issued that: (i) Temple Managing Committee to allot suitable place for the school for children of servitors; (ii) School should also cater to other members of public, and not exclusively for children of such..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Statement of 17 years old daughter that she preferred living in hostel rather than her own mother, who would visit her School and create ugly scenes leading to huge embarrassment for her is relevant, as no daughter much less a girl of 17 years of age would level such false allegations against..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Summoning of additional accused - Sexual assault of 6 years old minor girl - Father of child filed an application to summon person who wears spectacles, as identified by victim - Allegation in first version are only..........
Indian Penal Code, 1860, Section 363, 376(2)(i), 341, 323, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape - Prosecution not established on record that accused was even seen with prosecutrix either on first date of incident or on second date of incident - Evidence on record shows that prosecutrix attended her classes in school..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Deceased studied in Class 7th clearly named petitioner in her suicide note and stated that behavior of both of her teachers was not good and they used filthy language with her in class - Even there are statements of other witnesses on record which..........
Indian Penal Code, 1860, Section 366, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping - Sexual assault - Age of prosecutrix - Prosecution failed to prove that prosecutrix was a minor at the time of alleged incident - No proof of date of birth was filed by parents of prosecutrix - Testimony of mother of prosecutrix with regard to age of..........
