Oral)
1. This appeal involves a important question as to whether
an unborn child in womb should be considered at par with a
minor child ... submits that the appellants are entitled to
compensation for the death of unborn child in the womb.
6. The learned Tribunal has held that though
foetus and to terminate the pregnancy of the
unborn child if found to be female. Techniques are also
being developed to select
mother's womb till
its birth is treated as an unborn child. This Court held that the unborn child
to be a 'person ... This Court is of the view that the rights of an unborn child are
recognised in various different legal contexts; e.g. in criminal
record that accused Vikrant Singh and
accused Dhanesh caused death of twins unborn children..........
83. Accused Smt. Dhanesh allegedly absconded during the
course of investigation ... THERE WAS CLEAR INTENT TO KILL THE
DECEASED AS WELL AS THE UNBORN CHILDREN WHOM THE
DECEASED WAS CARRYING IN HER WOMB.
32. The post
curse me."
23. The dramatic monologue with the speaker being
the unborn child brings out the concern of the unborn child ... other fears. There are barriers, drugs, lies, torture
and violence. The unborn child wants to be comforted. The
earth is deteriorating and the unborn child
months baby
and due to the impact of the accident, the unborn child died in the
womb. The respondent was also admitted in the hospital ... that he would kill her as well as the unborn child and would also kill
himself. The respondent then gave fist punches on the abdominal
that his wife Suman Devi, an expectant mother, was
unwell and the unborn child in her womb was likely to be
aborted. Being disturbed ... family way was unwell and there was a
threat to the unborn child being aborted, an event which
unfortunately did take place. A perusal
sole beneficiary first son of Shri Rakesh Mohan who was unborn at the time of creation of the Trust, is a valid trust ... property.
5. A transfer cannot be made directly to an unborn person, for the definition of transfer in Section 5 is limited to living persons
nothing to show that they have consented. Then there are the unborn beneficiaries. A whole line of descendants arc the recipients of benefit under Kaushalya ... Kaushalya Devi was designed to benefit her present descendants and the unborn generation of descendants. It is intended to go on till there is failure
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factors. With the emergence of modern technologies to detect abnormalitiesin
an unborn child, the issues surrounding termination and abortion are bound to
become more ... mother, as also, the possibility of a
dignified life for the unborn child. Keeping in mind these two factors, the
Court comes to the conclusion
