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Showing posts with label unsoundness of mind. Show all posts
Showing posts with label unsoundness of mind. Show all posts
Wednesday, 12 May 2021

Bombay HC: Procedure to be followed by Court if accused is suffering from mental illness.

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 In terms of sub-section (2) of Section 330 of the Code of Criminal Procedure, if the case is one in which, in the opinion of the Magistrate...
Monday, 22 February 2021

What should a procedure court follow if one spouse alleges that another spouse is the person of unsound mind?

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Order XXXII Rule 15 of the Code states as follows: "15. Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind - Rules 1 to...
Thursday, 17 September 2020

Madras HC: Precaution to be taken by the magistrate before committal of accused of unsound mind to session court

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While so, the police completed the investigation and filed a final report in P.R.C.No.15 of 2017 against Kaliyappan for the offence und...
Thursday, 20 August 2020

Supreme Court: Accused should raise plea of insanity or juvenility generally in the trial court

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Pleas of unsoundness of mind under Section 84 of IPC or mitigating circumstances like juvenility of age, ordinarily ought to be raised ...
Sunday, 9 September 2018

Whether defendant can be permitted to examine doctor to ascertain mental condition of plaintiff at the stage of final argument ?

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 In view of the own admission of the plaintiff/petitioner No. 2 in the plaint that she had instituted the suit for cancellation of sale...
Tuesday, 28 August 2018

Notes on provisions regarding accused person of unsound mind

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S 328 of CRPC(amended by amendment Act 2008 with effect from 31-12-2009) Procedure in case of  accused being lunatic:- 1) When a Magis...
Monday, 2 April 2018

What is duty of court if petitioner in Hindu marriage petition is alleged to be person of unsound mind?

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Order XXXII Rule 15 reads as under :- "15. Rules 1 to 14 (except rule 2-A) to apply to persons of unsound mind - Rules 1 to 14 ...
Saturday, 15 July 2017

When court should not give divorce on ground of unsoundness of mind of other spouse?

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 From the above evidence, we are of the view that, it is difficult to assume that a case of unsoundness of mind as required by the statute...
Saturday, 10 June 2017

When defence of unsoundness of mind of accused is not tenable?

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On the other hand, learned Counsel appearing on behalf of the Respondent-State of Maharashtra sought to justify the correctness of the f...
Sunday, 9 April 2017

Precaution to be taken by court while conducting trial of person of unsound mind

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 In view of the discussion of law and facts made above, we are satisfied that learned trial court erred in law in resuming full-fledged ...
Wednesday, 6 July 2016

Procedure to be followed by court when accused has raised plea of unsoundness of mind

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 Needless to state that enquiry under Section 329 of the Code of Criminal Procedure is treated as part of trial.  Section 329 of the Co...
Monday, 8 December 2014

Whether power of attorney executed by mentally infirm person is legal and valid?

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Where the principle was found to be old, feeble, week and mentally infirm and not in a position to think independently for herself, the po...
Thursday, 20 February 2014

Burden to prove that testatrix was of unsound mind is on defendant

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2008(5)ALLMR639, 2008(5)BomCR653, 2008(6)MhLj386 IN THE HIGH COURT OF BOMBAY (PANAJI-GOA BENCH) S.A. No. 27 of 1999 Decided On:  19...
Tuesday, 31 July 2012

Basic features of CRPC amendment act 2008 with effect from 1-11-2010

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1. Definition of Victim The Code of Criminal procedure, 1973 (“CrPC”) did not define the term ‘victim’ in definitional clause unde...
Saturday, 21 April 2012

Whether person suffering from mental disease is exempted from criminal liability?

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 Next question which needs consideration is as to on whom the onus lies to prove unsoundness of mind. In law, the presumption is that e...