Kaushik, a ‘lifer’ (to use jail jargon), now lodged in the Tihar Central Jail, has moved this quasi-habeas corpus petition wherein he bitterly complains with fActs and figures, of the terror and horror, physical and psychic, let loose on him and other jail-mates by a cryptocriminal combination of senior officials and superior prisoners, thereby making the prison life within that walled world such a trauma and torment the law never meant under the sentence suffered at the hands of the court.
Jurisdiction: Habeas Corpus The term habeas corpus refers most commonly to the writ of habeas corpus ad subjiciendum, which directs the custodian of a prisoner to bring that prisoner before a […]
Contempt of Courts Act, 1971—Section 2(b)—Civil contempt—Disobedience of order—Directions for production of a person in writ of Habeas corpus—Failure to comply with directions—Exemplary cost of Rupees 1 Lac each awarded in favour of wives of missing persons.
Constitution of India, 1950—Article 22(5)—Habeas corpus—Return—Affidavit of Police Officer having no personal knowledge of the matter—Practice deprecated.
Habeas corpus—Child custody—Scope of proceedings—Custody of child claimed by the mother—Father of child claiming to have given away the child in adoption—The adoption deed cannot be challenged in such proceedings—Custody of child entrusted to the natural mother till adjudication over the validity of adoption deed by the Civil Court.
Habeas corpus-Constitution of India, 1950—Articles 32 and 22(5)—Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974—Section 3(3)— It is also necessary to point out that in case of an application for a writ of habeas corpus, the practice evolved by this Court is not to follow strict rules of pleading nor place undue emphasis on the question as to on whom the burden of proof lies. Even a postcard written by a detenu from jail has been sufficient to activise this Court into examining the legality of detention—Once the rule is issued it is the bounden duty of the Court to satisfy itself that all the safeguards provided by the law have been scrupulously observed and the citizen is not deprived of his personal liberty otherwise than in accordance with law.
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, […]
The doctrine of res judicata may not apply in case a writ petition under Article 32 of the Constitution is filed before this Court after disposal of a habeas corpus writ petition under Article 226 of the Constitution by the High Court. However, it is not possible to re-approach the High Court for the same relief by filing a fresh writ petition for the reason that it would be difficult for the High Court to set aside the order made by another Bench of the same court.
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 […]
It will not be proper to be guided entirely by the fact that the appellant Sarita had removed the children from U.S.A. despite the order of the Court of that country. So also, in view of the facts and circumstances of the case, the decree passed by the American Court though a relevant factor, cannot override the consideration of welfare of the minor children.
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 […]