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
younger the patient, the greater the gestation (age of the unborn), the higher the complicate rate....Some of the most catastrophic complication occur in teenagers ... denounced and opposed abortion. It has consistently defended the right of the unborn to live. The belief is that human life comes from
mere (in its mother's womb - a term descriptive
of an unborn child)."
6. As per Section 3 of the Indian Majority ... reference
to the moment of conception and not of
birth and the unborn child in the womb if
born alive is treated as actually born
overlooking that the recitals in Exhibit A-1 conferring rights to unborn male descendants of Ponnammal in perpetuity are repugnant to Sections ... life interest can be created in favour of persons in existence and unborn persons. But when there is a gift to a class of persons
properties to the first
plaintiff, then a minor child and to the unborn children, if any, to
be born to the donors. At the time ... plaint schedule
properties. Ext. A3 gift executed in favour of an unborn child is
void as per the Muslim Law. The gift was not accepted
directed against contingent remainders of real estate limited to successive? generations of unborn issue.
The second rule set out by Halsbury was, strictly speaking ... perpetuity, it is possible in England to limit the estate to unborn persons for life or till the happening of an uncertain event
birth of his sons and hence the gift in favour of the unborn sons has failed.
3. The courts below held that the settlement deed ... upon failure of the prior interest. A gift made to an unborn person should not offend S. 13 or S. 14 S. 13 requires
woman conceives could it be said that even before the delivery the unborn in the womb is a minor child of such mother? This interesting ... whose order this revision is filed has held the view tbat an unborn child is not a minor child who should be taken
culpable homicide, and does by such accused the death of a quick unborn child, shall be punished with imprisonment of either description for a term ... action must be directed against the mother and not the quick unborn child. From the illustration to the section, which is intended to clarify
involuntary act. It is
submitted that although the protection of right of unborn child is an
obligation cast upon the State under the Constitutional provisions ... right to life of mother and the right to life of unborn
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