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Search Results for Tag : Habeas Corpus

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Supreme Court: Even a Day’s Delay is Important When a Question of Personal Liberty Involved(18.01.2024)

Supreme Court while expressing anguish over the callous attitude of Karnataka High Court in a habeas corpus matter set a woman at liberty who was deta.....

Tags : Supreme Court, Personal Liberty, Habeas Corpus



Bombay HC: Even if Remand Order is Illegal, Still Writ of Habeas Corpus Not Effective Remedy(27.01.2020)

Bombay High Court has dismissed a Writ of Habeas Corpus observing that even if the Magistrate had acted rather mechanically remanding the accused in j.....

Tags : Bombay High Court, Writ of Habeas Corpus, Illegal Remand Order



All. HC: Habeas Corpus Writ by Husband to Regain Wife not Available When Other Remedies Present(23.01.2024)

Allahabad High Court while observing that other remedies related to restitution of conjugal rights are available, has held that the emergency of a wri.....

Tags : Allahabad High Court, Habeas Corpus, Conjugal Rights



SC: Writ of Habeas Corpus Cannot be Invoked for Granting Premature Release to Convicted Prisoners(24.01.2020)

Supreme Court has observed that a Writ of Habeas Corpus cannot be invoked for granting plea seeking the premature release of a convicted prisoner. The.....

Tags : Supreme Court, Writ of Habeas Corpus, Premature Release of Convict



Supreme Court: Habeas Corpus Not Maintainable if Police Custody is Pursuant to Judicial Order(06.09.2018)

Supreme Court has reiterated that no writ of habeas corpus could be issued in respect of a person who was in police custody in connection with a crimi.....

Tags : Supreme Court, Habeas Corpus



Delhi High Court: Issue of Paternity Cannot be Examined in Habeas Corpus Petition(28.05.2019)

Delhi High Court has held that the issue of paternity cannot be determined in a habeas corpus proceeding. The Court was dealing with a habeas corpus p.....

Tags : Delhi High Court, Habeas Corpus



MP HC: Only an Assertion That Corpus Abducted Not Sufficient to Issue Writ(05.10.2021)

Madhya Pradesh High Court has ruled that only an assertion that the corpus has been abducted by some unknown miscreants, is not sufficient to seek iss.....

Tags : Madhya Pradesh High Court, Writ of Habeas Corpus



J&K&L HC: Failure to Supply Copy of Detention Order Doesn’t Vitiate Authority’s Decision(02.01.2023)

Jammu & Kashmir and Ladakh High Court while dismissing a habeas corpus petition, has held that failure on the part of detaining authority to supply a .....

Tags : Jammu & Kashmir and Ladakh High Court, Habeas Corpus, Detention Order



Patna HC: Minor Girl Expressing Fear of Life in Parent’s Custody May be Sent to Shelter Home(18.01.2024)

Patna High Court has held that when a minor girl expresses her fear of life in her parent’s custody, the court may exercise its jurisdiction of sendin.....

Tags : Patna High Court, Shelter Home, Minor Girl, Habeas Corpus



Madras HC: Interim Bail in Habeas Petition Challenging Detention Only in Exceptional Circumstances(05.10.2020)

Madras High Court has observed that interim bail in habeas corpus Petitions challenging preventive detention can be granted only in exceptional circum.....

Tags : Madras High Court, Interim bail, Habeas Corpus Petitions



Kerala HC Annuls Marriage of Muslim Convert Over Father’s Habeas Corpus Petition(30.05.2017)

Kerala High Court has nullified marriage of woman converted to Islam with a Muslim man in a habeas corpus petition filed by her father.

Tags : Kerala High Court, Habeas Corpus Petition



SC: Writ Of Habeas Corpus Can Be Issued When The Detention Of A Minor Is By An Unauthorised Person(08.05.2019)

Supreme Court has observed that "The detention of a minor by a person who is not entitled to his legal custody is treated as equivalent to illegal det.....

Tags : SC, Habeas Corpus



SC: No Counselling to be Done to Influence Sexual Orientation of Person During HC Proceedings(12.03.2024)

Supreme Court has issued caution regarding counseling of detenue, suggested by High Courts in Habeas Corpus (HC) Proceedings and has stated that no at.....

Tags : Supreme Court, Sexual Orientation, Habeas Corpus



Orissa HC: Can’t Issue Writ of Habeas Corpus to Trace Missing Persons(12.09.2023)

Orissa High Court while observing that though writ of habeas corpus is a writ of right, it is not a writ of course and can’t be issued in a routine ma.....

Tags : Orissa High Court, Habeas Corpus, Missing Persons



Madras HC Notices Police over Habeas Corpus Petition to Produce Detenu in Court(24.10.2016)

Madras High Court has issued notice to top police officials on a Habeas Corpus Petition, seeking to produce in court a detenu who has allegedly been k.....

Tags : Madras High Court, Habeas Corpus



Kerala HC: Can’t File HC Petition For Same Detention Order Even on Raising New Grounds(29.02.2024)

Kerala High Court has held that if the substantial challenge in a Habeas Corpus (HC) petition is against the same detention order, the very same court.....

Tags : Kerala High Court, Habeas Corpus, Detention Order



Madras HC Dismisses Habeas Corpus Plea to Trace Missing MLAs(17.02.2017)

Madras High Court has dismissed Habeas Corpus Petitions (HCP) filed by two lawyers to trace 'missing MLAs' in Tamil Nadu, on technical grounds.

Tags : Madras HC, MLAs, Habeas Corpus



Madras HC: 'Ego' Is A Small Three Letter Word That Spoils Relationships(19.10.2022)

Madras High Court while dismissing a wife's habeas corpus petition claiming that her husband had kept their four year old son in illegal custody, has .....

Tags : Madras High Court, custody, Habeas Corpus, ego



SC: No Counselling to be Done to Influence Sexual Orientation of Person During HC Proceedings(12.03.2024)

Supreme Court has issued caution regarding counseling of detenue suggested by High Courts in Habeas Corpus (HC) Proceedings and has stated that no att.....

Tags : Supreme Court, Sexual Orientation, Habeas Corpus



CONSTITUTION - SC: Remand Order Cannot Be Challenged in Habeas Corpus Petition(28.03.2019)

Supreme Court has observed that the act of directing remand of an accused is a judicial function and same cannot be challenged in a habeas corpus peti.....

Tags : Supreme Court, Habeas Corpus Petition



Supreme Court Issues Notice in Woman's Habeas Corpus Plea to Trace Missing Husband(12.01.2022)

Supreme Court has issued notice to the High Commissioner of Malaysia in a habeas corpus petition filed by a wife seeking to trace her husband who had .....

Tags : Supreme Court, Habeas Corpus Plea to Trace Missing Husband



Release of Minor Accused in Pune Porsche Case Ordered by Bombay High Court(26.06.2024)

Bombay High Court has ordered the release of the minor accused in the Pune Porsche Case which resulted in the death of two individuals. The order was .....

Tags : Bombay High Court, Pune Porsche Case, Habeas Corpus



Mad. HC: Notice Needn’t be Served to Victim in HCP by Accused Following Preventive Detention(28.09.2023)

Madras High Court while observing that Habeas Corpus petitions (HCPs) will not come within the sweep of 'connected proceedings' under Section 15-A(5) .....

Tags : Madras High Court, Preventive Detention, Habeas Corpus



Kerala HC: LGBT Persons Like Other Heterosexual Persons Are Entitled to Their Privacy(04.07.2024)

Ker. High Court, on a habeas corpus petition filed by the friend of a transwoman who was forced to undergo conversion therapy, has observed that LGBT .....

Tags : Kerala High Court, Habeas Corpus, LGBT persons, Privacy



Allahabad HC: Writ of Habeas Corpus Not Maintainable Against Judicial Order Of Magistrate(09.03.2021)

Allahabad High Court has held that an order passed by a Judicial Magistrate or Child Welfare Committee sending victim to women protection homes/child .....

Tags : Allahabad High Court, Writ of Habeas Corpus



Supreme Court Rejects Writ of Habeas Corpus Filed to Locate Elephant(10.01.2020)

Supreme Court has rejected the applicability of writ of habeas corpus to locate an elephant. The Court further observed that the writ of habeas corpus.....

Tags : Supreme Court, Habeas Corpus



Delhi HC to Police: Locate Ukrainian Woman's Son Kidnapped & Brought to India by Her Ex-Husband(03.11.2022)

Delhi High Court has directed Delhi Police to locate an Indian man and his three year old Ukrainian son after hearing habeas corpus plea moved by chil.....

Tags : Delhi High Court, Delhi Police, Habeas Corpus



Kerala HC: Child Can’t be Forced to Live With a Parent Totally Unacceptable to Him/Her(08.04.2024)

Kerala High Court while permitting a child to live with his deceased father’s relatives in a habeas corpus petition filed by the mother, has observed .....

Tags : Kerala High Court, Habeas Corpus, Deceased Father



Telangana HC Dismisses Habeas Corpus Pleas Filed By Wives of Two Arrested Leaders(30.10.2019)

Telangana HC while dismissing the habeas corpus pleas filed by the wives of two leaders of Telangana Praja Front and Telangana Vidyardhi Vedika has he.....

Tags : Telangana HC, habeas corpus plea, Telangana Praja Front, Telangana Vidyardhi Vedika



Madras HC Rejects Habeas Corpus Petition of Woman Claiming Child’s Custody(30.11.2016)

Madras HC, while slamming parents of 14 year old girl, who was abandoned by her father soon after her birth, for laying a claim over her, has ordered .....

Tags : Madras HC, Habeas Corpus, Child’s Custody



SC: Writ of Habeas Corpus Can’t Be Used For Mere Enforcement of Foreign Court’s Order(05.07.2017)

Supreme Court has observed that remedy of writ of habeas corpus cannot be used for mere enforcement of directions given by foreign court against a per.....

Tags : Supreme Court, habeas corpus



Bombay High Court Allows Egyptian Man's Habeas Corpus Plea Against In-Laws(31.01.2020)

Bombay High Court has allowed a criminal writ Petition filed by Khaled Kassem, an Egyptian citizen who sought the issuance of a writ of habeas corpus .....

Tags : Bombay High Court, Writ of Habeas Corpus, Illegal Confinement of Child



Delhi High Court: Issue of Paternity Cannot be Determined in Habeas Corpus Plea(14.06.2019)

Delhi High Court has noted that the issue of paternity cannot be decided in a habeas corpus writ petition after a couple moved the plea seeking custod.....

Tags : Delhi High Court, Habeas Corpus



Karnataka High Court: No Habeas Corpus Writ, If Person Committed to Custody by Competent Court(01.06.2017)

Karnataka High Court has observed that habeas corpus cannot be granted when a person has been committed to custody under an order from a competent cou.....

Tags : Karnataka High Court, Habeas Corpus



Hyderabad High Court Says Habeas Corpus is the Only Remedy Against Illegal Detention(07.09.2015)

Hyderabad High Court in order to make secure the release of a person who is illegally deprived of his liberty, has made it clear that writ of habeas c.....

Tags : Hyderabad High Court,habeas corpus



Madras HC Rejects Habeas Corpus Petition by Gangster’s Wife(19.10.2016)

Madras High Court has dismissed a Habeas Corpus Petition filed by wife of a gangster accusing Dindigul police of keeping him in illegal custody, after.....

Tags : Madras High Court, Habeas Corpus, gangster



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