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1 - 10 of 10 (0.57 seconds)The Mental Healthcare Act, 2017
Article 226 in Constitution of India [Constitution]
Union Of India & Others vs M/S. G.T.C. Industries Limited on 27 March, 2003
In the case of
Sharda (supra), the Supreme Court had expounded the
circumstances in which an order for medical examination can be
passed against the wish of a party. Paragraphs 77 and 78 read
as under:
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
Section 2 in The Mental Healthcare Act, 2017 [Entire Act]
Section 100 in The Mental Healthcare Act, 2017 [Entire Act]
Article 227 in Constitution of India [Constitution]
Somnath vs Tipanna Ramchandra Jannu on 20 October, 1972
In view of the ratio laid down by the Division
Bench of this Court in Somnath v. Tipanna (supra), even if
there is "doubt" about mental condition of the party, then
Court should not hesitate to exercise such power of enquiry.
The Courts can also do it suo motu, depending upon the
facts and circumstances of the case."
Mrs. Gulshan Rohinton Irani vs Rayomand Rohinton Irani And Ors on 5 April, 2018
In the case of Mrs. Gulshan Rohington Irani (supra), the
legal position was culled out in paragraph no.39 as under:
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