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1 - 10 of 14 (0.73 seconds)The Code of Civil Procedure, 1908
Aruna Ramchandra Shanbaug vs Union Of India & Ors on 7 March, 2011
17.3 While acceding to the
prayer of the petitioner in that
case, this Court also sounded a
note of caution that there should
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11th April 2022
942-OSWPL-10787-2022.DOC
be some kind of monitoring of
the functioning of the petitioner
as guardian to ensure that
guardianship was being used for
the benefit of the person who
was in a vegetative state
observing that such monitoring
may be carried out through the
forum of Maharashtra State
Legal Services Authority
constituted under the Legal
Services Authorities Act, 1987."
The Mental Healthcare Act, 2017
Nirupama Jitendra Mehta vs State Of Maharashtra on 17 December, 2021
"5. We have recently held that our approach in such
cases is the same as our approach when we are dealing with
person and property of a minor. See: Lubina Mohamed
Agarwal & Anr vs Union of India & Ors;1 and Nirupama
Jitendra Mehta v State of Maharashtra.2
The Legal Services Authorities Act, 1987
The Guardians And Wards Act, 1890
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Shafin Jahan vs Asokan K.M. on 8 March, 2018
13. Overriding all these is the doctrine of
parens patriae, one that was discussed by the
Supreme Court in Aruna Ramchandra
Shanbaug v Union of India and Ors, 3 and more
recently in Shafin Jahan v Asokan KM & Ors.4
The Supreme Court has said that the parens
patriae doctrine may be invoked in a
Constitutional Court in exercise of its
jurisdiction wherever the welfare of the
person, be it a child or a person who is
mentally ill, needs protection. The doctrine is
invoked to meet the ends of justice. It is not to
be applied blindly in every case, but in
exceptional cases where the subject of the
petition is not mentally or physically capable
3 (2011) 4 SCC 454.