Search Results for "illegal confinement"

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Bombay High Court Confirms Death Sentence of Gang Leader in MCOCA Kidnapping and Murder Case. Conviction under MCOCA and IPC for kidnapping for ransom and murder upheld, but co-accused's death sentence commuted to life imprisonment due to lesser role.

The judgment arises from a confirmation case and appeals against the conviction and death sentence of five accused persons under the Maharashtra Contr...

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Gujarat High Court Dismisses Habeas Corpus Petition Filed by Father Alleging Illegal Confinement of Adult Daughter. Court Holds That Adult Individuals Have Right to Make Marriage Decisions and No Illegal Confinement Exists When Corpus Appears Voluntarily.

The petitioner, Makwana Anusang Mangalsang, filed a habeas corpus petition under Article 226 of the Constitution before the Gujarat High Court, allegi...

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Gujarat High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Minor Daughter from Mother. Court holds that a mother cannot be said to be in illegal detention of her own child, and habeas corpus is not maintainable for custody disputes between parents.

The petitioner, Akulkumar Dineshbhai Rana, the father of a minor daughter named Swara, filed a habeas corpus petition before the Gujarat High Court al...

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Supreme Court Dismisses Appeals in Domestic Worker Trafficking Case — Upholds High Court's Rejection of Compounding and Discharge Orders. Court holds that Section 370 IPC trafficking offence is non-compoundable and that prima facie case exists against accused for wrongful confinement and trafficking.

The Supreme Court of India dismissed two appeals arising from a common FIR involving allegations of wrongful confinement and trafficking of a female d...

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Supreme Court Strikes Down Caste-Based Discrimination in Prison Manuals as Unconstitutional. Prison Rules Dividing Labour and Segregating Barracks by Caste Violate Articles 14, 15, 17, 21, and 23 of the Constitution.

The petitioner, Sukanya Shantha, a journalist, filed a writ petition under Article 32 of the Constitution seeking directions for the repeal of offendi...

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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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Supreme Court Dismisses Death-Row Convict's Challenge to Rejection of Mercy Petition in Nirbhaya Gang Rape Case. President's Power Under Article 72 is Constitutional Duty Subject to Limited Judicial Review; No Grounds for Interference Established.

The petitioner, Vinay Sharma, a death-row convict in the Nirbhaya gang rape case, filed a writ petition under Article 32 of the Constitution challengi...

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Supreme Court Upholds Commutation of Death Sentence to Life Imprisonment Due to Inordinate Delay and Solitary Confinement. Acquittal in Related Rape Case Not Considered in Mercy Petition, Violating Fundamental Rights.

The Supreme Court dismissed the appeal filed by the Union of India against the High Court's order commuting the death sentence of respondent Dharam Pa...

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Bombay High Court Dismisses Petition Seeking Transfer of Investigation in Alleged Offences Against Brother. Court finds no credible material to warrant transfer of investigation to Crime Branch, as police had already conducted inquiry and found no substance in allegations.

The petitioner, Bertram D'Silva, filed a writ petition under Article 226 of the Constitution of India seeking directions to the State authorities to a...