Search Results for "custody requirement"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
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Search Results for "custody requirement"

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Supreme Court

Supreme Court Allows Appeal in Maintenance Execution Case Due to High Court's Erroneous Dismissal of Writ Petition. The Court held that expeditious disposal of execution proceedings is essential to enforce maintenance orders and protect the interests of minor children under the Hindu Marriage Act, 1955, and Article 227 of the Constitution of India.

8 Apr 2026

The dispute arose between a husband and wife embroiled in acrimonious litigation spanning nearly a decade, with two minor sons as affected parties. Th...

High Court

Bombay High Court Hears Challenge to Anti-Suit Injunction Restraining Husband from Pursuing Divorce Case in Dubai; Examines Principles of Comity, Forum Conveniens, and Multiplicity of Proceedings Under CPC and Specific Relief Act. The family court’s order ignoring the habitual residence of the wife and child in a foreign jurisdiction was under scrutiny for failing to apply the principles of comity and forum conveniens.

29 Apr 2013

The dispute arose out of a matrimonial conflict between husband and wife, both Indian nationals, who were married in India and last resided together i...

High Court

Bombay High Court Allows Habeas Corpus Petition for Illegal Detention Without Production on Remand Date. Failure to Produce Accused Physically or Virtually on 22 March 2022 Renders Remand Order Invalid and Detention Illegal.

5 Apr 2022

The petitioner, Sushil Lohiya, filed a habeas corpus petition on behalf of his son Brijesh Lohiya, who was an accused in an offence registered under S...

Supreme Court

Supreme Court Allows Appeals Against Preventive Detention Under PITNDPS Act for Lack of Application of Mind to Custody and Bail Likelihood. Detention Orders Quashed as Detaining Authority Failed to Record Satisfaction That Detenus in Judicial Custody Were Likely to Be Released on Bail and Would Indulge in Prejudicial Activity.

20 Dec 2024

The Supreme Court considered appeals against the dismissal of writ petitions challenging preventive detention orders under the Prevention of Illicit T...

High Court

Bombay High Court Quashes Externment Order Against Petitioner in Bombay Police Act Case — Failure to Consider Judicial Custody and Lack of Subjective Satisfaction. Order under Section 56(1)(a)(b) of Bombay Police Act, 1951 set aside as authority did not reflect application of mind regarding petitioner's custody and future apprehension.

25 Jun 2013

The petitioner, Amar Gopal Malvankar, challenged an externment order dated 26.4.2012 passed by the Deputy Commissioner of Police, Zone X, Mumbai, unde...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Failure to Consider Detenu's Judicial Custody and Lack of Bail Possibility. Preventive Detention Order Invalidated as Subjective Satisfaction Vitiated Due to Non-Application of Mind to Custody Status Under Section 3(2) of MPDA Act.

21 Feb 2005

The petitioner, Shahid Hussain Iqbal Shaikh @ Kanya Babu, challenged an order of detention dated 6-9-2004 passed by the Commissioner of Police, Brihan...

High Court

Bombay High Court Dismisses Bail Application of Insurance Agent in Cheating and Forgery Case, Holding that Custody is a Pre-requisite for Bail Under Section 439 CrPC. The Court Also Ruled That After the Filing of the Charge Sheet, the Bail Application Must Be Filed Before the Trial Magistrate, Not the Sessions Court.

18 Oct 2010

The applicant, an insurance agent of ICICI Prudential Life Insurance Company Limited, faced charges under Sections 417, 420, 465, 468, 471 read with 3...

High Court

Madras High Court Allows Habeas Corpus Petition and Quashes Detention Order in Goonda Case Due to Non-Application of Mind. Detaining Authority's Reliance on Irrelevant Bail Order Without Similar Facts Vitiated Subjective Satisfaction Under Section 2(f) of Tamil Nadu Act 14 of 1982.

11 Mar 2026

The petitioner, Karishma Kapoor, wife of the detenu Sai Sudhahar @ Sudhahar, filed a Habeas Corpus Petition under Article 226 of the Constitution of I...

High Court

Bombay High Court Quashes Preventive Detention Order for Failure to Record Imminent Possibility of Bail Under Maharashtra Prevention of Dangerous Activities Act, 1981. Detaining Authority's Observation of Future Possibility of Bail Does Not Meet the Requirement of Subjective Satisfaction That Release Was Imminent, Vitiating the Detention Order.

22 Aug 2017

The petitioner, Shri Suraj Ram Gaikwad, challenged by writ petition under Article 226 of the Constitution the preventive detention order dated 8 Febru...

High Court

Bombay High Court Dismisses Petition Challenging Arrest and Remand in POCSO Case — Non-Communication of Grounds of Arrest Does Not Vitiate Custody After Charge Sheet. The Court held that the remedy for violation of Article 22(1) is not automatic release and the filing of charge sheet cures any initial defect in arrest.

18 Sep 2025

The petitioner, Rahul Shankarrao Wadhave, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the B...

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