Search Results for "Habeas Corpus Petition"

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Search Results for "Habeas Corpus Petition"

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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

Gujarat High Court Dismisses Habeas Corpus Petition by Father Alleging Illegal Confinement of Married Daughter. Court holds that a married woman living with her husband voluntarily cannot be said to be in illegal detention.

5 Mar 2026

The petitioner, Keshabhai Punmbhai Rabari, filed a habeas corpus petition before the Gujarat High Court alleging that his daughter, Mamtaben, was ille...

High Court

Madras High Court Dismisses as Withdrawn Habeas Corpus Petition Seeking Production of Detenu. Wife's Petition for Husband's Production Withdrawn Without Adjudication.

5 Feb 2025

The petitioner, the wife of the detenu, filed a habeas corpus petition under Article 226 of the Constitution of India before the Madurai Bench of the ...

Supreme Court

Supreme Court Allows Custody to Natural Guardian Father in Habeas Corpus Petition — Father's Right to Custody of Minor Child Cannot Be Denied by Relatives Without Legal Authority. Father, as natural guardian under Section 6 of Hindu Minority and Guardianship Act, 1956, entitled to custody of minor daughter from sisters-in-law who had no legal right to retain her.

20 Aug 2024

The appellant, Gautam Kumar Das, married Subrata Das in 2012, and they had two children: a son born in 2013 and a daughter, Sugandha Das, born on 20th...

Supreme Court

Supreme Court Dismisses State Appeal in Habeas Corpus Case Involving Remission and Concurrent Sentences. The Court upheld the High Court's writ of habeas corpus, finding that a convict's continued detention after remission of a life sentence was illegal as his separate one-year sentence for kidnapping ran concurrently under Section 427 of the Code of Criminal Procedure, 1973, and he had already served it.

28 Apr 2023

The Supreme Court dealt with an appeal by the State of Andhra Pradesh challenging a High Court order that issued a writ of habeas corpus directing the...

High Court

Bombay High Court Dismisses Application for Return of Passports in Child Custody Dispute — Passports to Remain in Court Custody Pending Final Orders of Family Court. The court held that the passports of minor children deposited with the court registry pursuant to a consent order should not be returned to the parties until the Family Court passes final orders in the custody petitions, as the passports are a crucial lever to ensure compliance with custody arrangements.

24 Jul 2020

The case involves an interim application filed by the applicant-father, Ashu Dutt, in a disposed of writ petition under Article 227 of the Constitutio...

High Court

Bombay High Court Dismisses Application for Return of Passports in Child Custody Dispute — Passports Ordered to Remain in Court Custody Pending Final Determination of Custody Petitions. The court held that the Family Court, which is seized of the custody petitions, is the appropriate forum to decide on the return of passports, considering the welfare of the minor children.

24 Jul 2020

The judgment concerns an interim application filed in a disposed of writ petition under Article 227 of the Constitution of India. The writ petition ha...

High Court

High Court of Karnataka Dismisses Habeas Corpus Petition Seeking Production of Major Daughter from Parents' Custody. The court held that since the daughter is a major and voluntarily chose to stay with her parents, no writ of habeas corpus lies under Article 226 of the Constitution of India.

1 Jul 2020

The petitioner, Dr. Lokanatha R, filed a writ petition under Article 226 of the Constitution of India seeking a writ of habeas corpus to direct the po...

High Court

Bombay High Court Allows Writ Petition for Set-off of Pre-conviction Remand Period Against Sentence Under Section 428 CrPC — Remand Period Must Be Set Off Even If Sentence Is Already Undergone. The court held that Section 428 CrPC mandates set-off of pre-conviction detention against sentence, and jail authorities must compute and release prisoners if sentence is already served.

26 Jul 2012

The petitioners, Saheb s/o Haribhau Aglawe and Waman s/o Shankar Chaukale, were convicted by the trial court for offences under Sections 147, 148, 149...

High Court

Bombay High Court Dismisses Habeas Corpus Petition for Non-Prosecution and Lack of Merits — Alleged Illegal Detention of Wife Not Substantiated. The court held that the burden to prove illegal detention lies on the petitioner, and failure to appear and substantiate allegations leads to dismissal under Article 226 of the Constitution of India.

13 Jun 2005

The petitioner, Shri Anthonio F.D.P.S.D'Souza, filed a criminal writ petition under Article 226 of the Constitution of India before the Bombay High Co...

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