31 Charles 2, c. 2 (England) An act for the better securing the liberty of the subject, and for prevention of imprisonments beyond the seas. [Assented to 27th May, 1679.] WHEREAS great […]
Custody of the Child given to the father – Writ of habeas corpus is a prerogative process for securing the liberty of the subject by affording an effective means of immediate release from an illegal or improper detention. The writ also extends its influence to restore the custody of a minor to his guardian when wrongfully deprived of it. The detention of a minor by a person who is not entitled to his legal custody is treated as equivalent to illegal detention for the purpose of granting writ, directing custody of the minor child.
It is true that Article 32 cannot be used as a substitute for the enforcement of rights and obligations which can be enforced efficaciously through the ordinary processes of Courts, Civil and Criminal. A money claim has therefore to be agitated in and adjudicated upon in a suit instituted in a court of lowest grade competent to try it. But the important question for our consideration is whether in the exercise of its jurisdiction under Article 32, this Court can pass an order for the payment of money if such an order is in the nature of compensation consequential upon the deprivation of a fundamental right. The instant cave is illustrative of such cases.
(1956) AIR(SC) 197 : (1956) CriLJ 421 : (1956) SCA 706 : (1956) SCJ 236 : (1955) 2 SCR 1101 SUPREME COURT OF INDIA FULL BENCH ( Before : Sudhi Ranjan Das, […]
62. A second writ petition for issuing a writ of habeas corpus is barred by principles of res judicata. The doctrine of res judicata may not apply in case a writ petition […]
September 05, 2018-ILLEGAL ARREST-Habeas corpus-whether a writ of habeas corpus could be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate in connection with the offence under investigation, this issue has been considered in the case of Saurabh Kumar through his father Vs. Jailor, Koneila Jail and Anr., 1 and Manubhai Ratilal Patel Vs. State of Gujarat and Ors.2 It is no more res integra. The Respondent ought to have filed a Revision against the Order of remand than to file a Habeas Corpus to challenge the Arrest-APPEAL ALLOWED-RESPONDENT REARRESTED
Whether Habeas corpus could be maintained if a person is in police custody by remand order-SC said no.
September 05, 2018. The question as to whether a writ of habeas corpus could be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate […]
Latin, meaning “you have the body.” A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner’s […]
Keywords :- habeas corpus -custody of child The appellant being the biological father of Aadvik, his custody of the child can by no means in law be construed as illegal or unlawful drawing […]
Keywords-Due process of Law-Procedure established by Law⇔ Under our Constitution, our life and personal liberty are balanced by restrictions on the rights of the citizens as laid down in Art. 19 and […]