child Archives | SCC Times

[Child Beggary] Delhi High Court directs Government of Delhi to file detailed status report on steps taken for rehabilitation of rescued children

“Delhi Commission for Protection of Child Rights is directed to furnish year-wise details of operations conducted by it from 2016 to date.”

Case Briefs High Courts

Welfare of the child in custody matters is foremost; Delhi High Court appoints maternal grandparents as ‘guardians’ of minor

In the matters of Guardianship and Custody, the dilemma is that the logic may say that the child must be in the custody of his father, but the circumstances and the intelligent preference of the child point out that it is not in the interest and welfare of the child to uproot him from the family where he has been happily entrenched since the age of 1½ years.

Cases Reported Never Reported Judgments

Never Reported Judgment | Hindu law only requires giving and taking of child with intent to adopt; no separate declaration required: SC [1951 SCC 1050]

This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on requirements of adoption under Hindu Law.

Case Briefs High Courts

Sympathy in matters involving unnatural offences against a child is a case of misplaced sympathy: J&K and Ladakh HC

The High Court was deliberating over a bail application wherein the accused was charged under S. 377, IPC and POCSO act for commission of fiendish crime against a child.

Case Briefs High Courts

[POCSO] Absence of wisdom tooth does not conclusively prove age below 18 years; Bombay High Court acquits accused

Eruption of wisdom tooth may at the most suggest that the age of the person is 17 years or above, but non-eruption or absence of wisdom tooth does not conclusively prove that the person is below 18 years of age.

Case Briefs High Courts

Karnataka High Court comes to the aid of an aging couple wishing to have child via surrogacy; Evolves a three- pronged eligibility test

The High Court was hearing a petition filed by a couple aged 57 and 45 years, who had lost their son to road accident, and wanted to re-experience the bliss of parenthood via surrogacy but were barred by certain provisions of Surrogacy (Regulation) Act, 2021.

Case Briefs High Courts

Delhi High Court dismisses Dabur’s plea of restraining Advertising Standards Council of India from taking down advertisement of ‘Dabur Vita’

The Delhi High Court dismissed Dabur's plea of passing an interim direction to stay the order of Advertising Standards Council of India and held that Dabur's product ‘Dabur Vita' was violating advertisement code.

Case Briefs High Courts

FIR against a 9-year-old boy for causing unintentional accident by cycle; Bombay High Court quashes FIR and directs State to pay Rs 25000 to family

Bombay High Court: In a case filed by the mother of a 9-year-old minor boy, seeking quashing of the FIR

Case Briefs High Courts

Unfortunate death of 7-year-old girl by collapse of newly constructed kitchen wall in school; Orissa High Court directs compensation to the family of the deceased

Orissa High Court: In a case where a father (‘petitioner') is seeking compensation on the death of his seven-year-old daughter,

Case Briefs High Courts

Woman cannot be made to choose between career and child; Bombay High Court allows mother to relocate to another country with the child

Bombay High Court: While deciding a custody case, the single judge bench of Bharati Dangre, J. observed that the Family Court failed

Case Briefs High Courts

Rigour under S. 33(5) POCSO Act gets diluted once the child attains majority; Kar HC allowed cross-examination under S. 311 CrPC

Karnataka High Court: M Nagaprasanna, J. allowed the petition filed seeking further cross examination of the child victim as the victim has

Case Briefs High Courts

Del HC | Non-examination of a 4-year-old victim immaterial when scientific and circumstantial evidence prove the guilt of the accused

Delhi High Court: A Division Bench of Mukta Gupta and Mini Pushkarna, JJ. upheld the impugned conviction order considering the accused has

Case Briefs Tribunals/Commissions/Regulatory Bodies

A child was found HIV + 2 decades ago, after a blood transfusion; NCDRC reprimands discussion on “ifs” and “buts” as it would be against the object of Consumer Protection Act

National Disputes Redressal Commission (NCDRC): The Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member), on finding that a child

Case Briefs High Courts

Maternity Benefits | Do employers have a responsibility to ensure that delivering and raising a child, shall not be detrimental to female officer’s career? Ker HC explains

Kerala High Court: Addressing a matter wherein maternity benefits were not being allowed to female officers, Raja Vijayaraghavan V, JJ., expressed that

Case Briefs High Courts

Kar HC | In the absence of any declaration that the child is deserted by his biological or adoptive parents or guardians; no offence can be made out under S. 80 JJ Act

Karnataka High Court: Hemant Chandangoudar, J., allowed the petition and quashed the impugned proceedings initiated against alleged offence under Section 80 of

Case Briefs Supreme Court

Husband suspects paternity of child; Supreme Court allows DNA test while granting conditional compensation of 30 lakhs to wife if suspicion proves to be wrong

Supreme Court: In a case where the husband had disputed paternity of child on suspicion, though the Division Bench comprising of Indira

Case Briefs High Courts

Due to father’s field job, mother granted custody of child: Did Chh HC also grant contact and visitation right to father? Read

Chhattisgarh High Court: In a child custody battle, the Division Bench of Goutam Bhaduri and Rajani Dubey, JJ., reiterated the position of

Case Briefs High Courts

If a person keeps tobacco at residence, would that amount to being an offence? Ker HC answers

Kerala High Court: While addressing a matter for an offence alleged under Cigarettes and Other Tobacco Products Act, Juvenile Justice Act and

Case Briefs Supreme Court

Whether discrepancies in school records on the basis of which DoB was recorded for admission in matriculation will discredit matriculation certificate for proving juvenility? SC decides

Supreme Court: Upholding the concurrent findings of High Court as well as Sessions Court and Juvenile Justice Board, the Division Bench comprising

Case Briefs Supreme Court

POCSO| “Touch”, “physical contact” can’t be restricted to “skin to skin contact”; “sexual intent” is the key. SC reverses Bombay HC’s “dangerous precedent”

“The reasoning in the High Court’s judgment quite insensitively trivializes – indeed legitimizes – an entire range of unacceptable behaviour which undermines a child’s dignity and autonomy, through unwanted intrusions.”