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Criminal law

PINKI versus STATE OF UTTAR PRADESH AND ANR.

The High Court, in granting bail to multiple accused in organised interstate child-trafficking offences, failed to exercise its discretion judiciously by inadequately weighing the serious nature of the crimes, the modus operandi, the societal interest and the real risk that accused would abscond or interfere with the trial; accordingly the impugned bail orders were set aside, the accused were directed to surrender and specific directions were issued to expedite trials and protect victims.

Source excerpt

  • Bail cancellation
  • Interstate child-trafficking rackets
  • Witness protection and intimidation
  • Investigation and prosecution of trafficking
  • Directions to expedite trials
  • Suspension of hospital licence for newborn trafficking
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Hindu succession

SRI MAHESH versus SANGRAM & ORS

The adoption of the appellant by the widow (defendant No.1) relates back to the date of death of the adoptive father, but all lawful alienations made by the adoptive mother bind the adopted son; the registered sale deed dated 13.12.2007 was a lawful alienation and is binding on the appellant and must be upheld, whereas the registered gift deed dated 27.08.2008 was invalid for lack of delivery/acceptance and the trial Court’s declaration that the gift was null and void and that the appellant is entitled to the entire B and C schedule properties as sole heir is to be restored (High Court’s reve…

Source excerpt

  • Relation back principle
  • Effects of adoption
  • Validity of sale deed
  • Validity of gift deed
  • Partition
  • Acceptance and delivery of gift
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Constitutional law

SUPRIYO @ SUPRIYA CHAKRABORTY & ANR versus UNION OF INDIA

The Court held that there is no unqualifi ed fundamental right to marry under the Constitution and that legal recognition of marriage or a statutory civil-union status is a matter for the legislature; the Special Marriage Act, 1954 and the Foreign Marriage Act, 1969 cannot be judicially rewritten to enable same-sex marriage; transgender persons in heterosexual relationships can marry under existing laws; while the Court declined to create a statutory marriage regime for queer unions, it recognized indirect discriminatory impacts upon queer couples caused by existing laws and public schemes and…

Source excerpt

  • Right to marry
  • Civil unions
  • Special marriage act, 1954
  • Foreign marriage act, 1969
  • Adoption regulations/cara regulations
  • Transgender persons (protection of rights) act, 2019
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Family law

LAXMI KANT PANDEY versus UNION OF INDIA

The procedure for adoption—whether by Indian or foreign parents—must ensure effective safeguards, expedite process (release orders within one month), protect children's interests, and regulate agency remuneration and operational protocols without need for notice publication or excessive formalities; placement agencies are entitled to recover reasonable costs but maximum limits are set; clarified transfer procedures and bonds instead of deposits.

Source excerpt

  • Inter-country adoption
  • Child guardianship
  • Procedural guidelines for adoption
  • Role of placement agencies
  • Safeguards against illegal baby sales
  • Notice publication
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.