Search Results for "Habeas Corpus Petition"

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Supreme Court Lays Down Guidelines to Address Delay in Pronouncement of Reserved Judgments by High Courts — Right to Speedy Justice Under Article 21. The Court held that inordinate delay in delivery of reserved judgments violates Article 21 and issued binding guidelines for timely pronouncement.

The Supreme Court of India, in a suo motu exercise expanding the scope of individual writ petitions seeking pronouncement of reserved judgments, addre...

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Supreme Court Allows Appeal and Directs Concurrent Sentences in Electricity Theft Cases to Prevent Miscarriage of Justice — Section 427 CrPC Discretion Must Be Exercised to Avoid 18-Year Incarceration for Nine Convictions on Same Day.

The appellant, Iqram, was charged with theft of electricity equipment belonging to the Uttar Pradesh Electricity Department in nine separate first inf...

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Supreme Court Upholds Default Bail Under Section 167(2) CrPC Despite Subsequent Filing of Chargesheet. Indefeasible Right Accrues on Expiry of Statutory Period and Filing of Bail Application Before Chargesheet.

The appellant, M. Ravindran, was arrested and remanded to judicial custody on 04.08.2018 for offences under the NDPS Act. Under Section 36A(4) of the ...

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Bombay High Court Allows Appeal by Paternal Grandmother in Guardianship Dispute Over Minor Child — Welfare of Child Paramount. Custody granted to paternal grandmother as maternal grandmother failed to prove her as a fit guardian under Guardians and Wards Act, 1890.

The case involves a dispute between the paternal grandmother (appellant) and the maternal grandmother (respondent) over the guardianship of a minor gi...

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High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Grounds in Known Language. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated as Grounds Were Served in English, Not in Kannada Which Detenu Understood.

The petitioner, Smt. Shylamma, mother of the detenu Abhishek @ Abhi @ Sutta, filed a habeas corpus petition under Articles 226 and 227 of the Constitu...

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Bombay High Court Quashes COFEPOSA Detention Orders for Non-Application of Mind. Detaining Authority Failed to Consider Relevant Material and Relied on Irrelevant Grounds, Rendering Subjective Satisfaction Invalid.

The Bombay High Court delivered a common judgment in two writ petitions filed under Article 226 of the Constitution of India seeking writs of habeas c...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act Due to Unexplained Delay in Execution. Delay of 14 Months in Serving Detention Order Renders Subjective Satisfaction Stale and Detention Invalid Under Section 3(1) of COFEPOSA Act, 1974.

The petitioner, father of the detenu, filed a writ of habeas corpus under Article 226 of the Constitution challenging a detention order dated 2/8/2008...

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Bombay High Court Quashes Detention Order Under MPDA Act for Detenu in Judicial Custody — Failure to Show Imminent Possibility of Bail Renders Order Invalid. Preventive detention cannot be sustained when detenu is already in custody and no cogent material exists to indicate likely release on bail.

The petitioner, father of the detenu Jaidev @ Rajubhai @ J.D. Ramji Mishra, filed a habeas corpus petition under Article 226 of the Constitution chall...

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Supreme Court Dismisses Challenge to Preventive Detention Order; Holds That Representation Made After Advisory Board’s Opinion Does Not Violate Section 7 of Preventive Detention Act, 1950. Acts Affecting Public Order Under Section 3 Must Impact the Community at Large, Not Mere Law and Order.

The petitioner, Shyamal Chakraborty, was arrested and detained under Section 3(2) of the Preventive Detention Act, 1950, by an order of the Commission...