Justice Sandeep Jain Archives

Proximate Nexus Between Harassment and Suicide

Abetment to suicide proceedings against school teacher Quashed; No proximate nexus between alleged harassment and suicide: Allahabad HC

“However harsh or severe the harassment, unless there is a conscious deliberate intention, mens rea, to drive another person to suicidal death, there cannot be a finding of abetment under Section 306.”

Mother's Custody Best for Child Under Five

Case Briefs High Courts

Child Below Five Belongs with Mother Unless Proven Unfit: Allahabad HC Grants 21-Month Old’s Custody to Mother

Allahabad High Court: In a habeas corpus writ petition filed by mother seeking custody of a 21-month-old minor child,

Case Briefs High Courts

“Manifest Arbitrariness”: Allahabad HC grants compensation & damages to man whose vehicle was wrongly seized and auctioned under U.P. Cow Slaughter Act

The Court noted that it was equally disturbing that during pendency of proceedings before the Commissioner, the State proceeded to auction the vehicle, which was the principal source of livelihood of the accused, for a grossly inadequate consideration without awaiting adjudication of the accused’s challenge.

Case Briefs High Courts

Child’s Overall Development outweighs Relative Care; Allahabad HC Grants Custody of Infant Child after Mother’s Death to Father

“The corpus is only about 13 months old. If custody is not entrusted to the father at this stage, there is a real possibility of the child growing up without forming any emotional bond with him, which would be detrimental to the child’s overall development and the father’s parental rights.”