SangsLegal News If Negligence is apparent The Burden of proof is on the Hospitals: Supreme Court

The principle of res ipsa loquitur was upheld by the Supreme Court in medical negligence cases, highlighting its relevance especially in situations where negligence is apparent. This places the burden of proof on the hospital or medical practitioners involved.

SangsLegal News A Closer Look at Recent Divorce Rulings by various High Courts and Supreme Court.

Supreme Court: The Apex court can grant divorce using Article 142 powers on irretrievable breakdown of marriage. The Constitution Bench clarifies that the court possesses the authority to terminate a marriage based on irretrievable breakdown, as stated under Article 142(1) of the Constitution of India which allows the SC to do ‘complete justice’ in ‘any cause or matter’.

Supreme Court: The existence of a divorce petition between the parties is not sufficient reason to dismiss a criminal case for dowry demand.

Bombay High Court: Being married to an individual with epilepsy is not considered a valid reason for seeking divorce under the Hindu Marriage Act. The court emphasized that epilepsy does not qualify as a mental disorder.

Bombay High Court: Woman who vacates matrimonial house prior to divorce cannot assert the right to reside in the house, despite having an ongoing appeal.

Chhattisgarh High Court: If wife demands to stay together with her husband at the location of his official posting is not cruelty under Hindu Marriage Act.

Delhi High Court: Husband forming friendships at his workplace is not an act of cruelty. The court emphasizes that consuming alcohol on a daily basis does not deem him an alcoholic unless there have been no negative incidents associated with it.

Delhi High Court: The financial instability of a spouse can be considered as a form of mental cruelty, leading to the granting of a divorce to the wife.

Delhi High Court: False allegations by wife, the threat of being summoned to police station are cruelty as such accusations impacts mental imbalance of the husband.

Gujarat High Court: Women are eligible to file a cruelty case under Section 498A IPC after getting a divorce; however, this provision applies only to incidents that occurred during the course of their marriage.

Karnataka High Court: A wife's act of referring to her husband as dark-skinned, can be considered as a form of cruelty and granted divorce to the husband.

Kerala High Court: The law does not discriminate between acts of cruelty in divorce cases based on religious affiliation such as Hindu, Christian, Muslim, or secular.

Kerala High Court: The Court has invalidated Section 10A of the Indian Divorce Act, which previously required a one-year waiting period for couples wishing to file for divorce through mutual consent.

Kerala High Court: Muslim women hold an inherent right to seek divorce through Khula, without necessitating the consent of their husbands or an official declaration by a court.

Patna High Court:  Hindu Marriage Act clearly states that the inability of a wife to bear a child is neither considered as impotence nor a valid ground for divorce.

SangsLegal News S. 27 of the Evidence Act Protects Individuals from Incrimination unless Accused or in Police Custody during Confessions; Supreme Court

The Supreme Court recently held that Section 27 of the Evidence Act stipulates that discovery cannot be used as evidence against an individual if they have not been accused of any offense louis vuitton replica handbags and were not under police custody at the time of confession. This ruling, aimed at safeguarding individuals' rights, emphasizes that confessions made by persons who do not meet these criteria cannot be used to prove their guilt.

SangsLegal News A police officer is one who has been given authority under NDPS Act, a confessional statement made by an accused person and recorded under NDPS Act cannot be used as a confessional statement : Supreme Court

The Supreme Court recently ruled that a police officer, as defined by Section 25 of the Evidence Act, is one who has been given authority under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985. As a result, a confessional statement made by an accused person and recorded in accordance with Section 67 of the NDPS Act cannot be used as a confessional statement in a proceeding governed by the NDPS Act.

SangsLegal News A soldier is unable to seek disability pension based on a medical examination conducted many years after their discharge: Supreme Court

The eligibility criteria for disability pension under Rule 14 of the Entitlement Rules for Casualty Pensionary Awards, 1982 were further clarified by the Supreme Court that simply proving the occurrence of a service-related ailment or disability is insufficient to qualify for the pension. According to the Supreme Court, to qualify for disability pension, it is essential to provide medical evidence confirming that the disability occurred during the individual's service tenure. Additionally, it must be proved that the conditions of military duty were responsible for the development of the illness and that these conditions were directly linked to the circumstances involved in military service.