Custody of child -- Writ of habeas corpus in child custody matters is maintainable only where detention is shown to be illegal or without authority of law - When child is in custody of a natural guardian such custody cannot ordinarily be termed as illegal so as to justify issuance of a writ, unless there are exceptional or compelling circumstances demonstrating immediate..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Detention in civil prison - Violation of decree of injunction - Executing Court passed the detention order without issuing notice or affording any opportunity of hearing to JD - Such an order which entails deprivation of personal liberty is in clear violation of principles of natural justice - Failure to follow..........
Preventive detention -- Mere apprehension on the part of detaining authority that in the event of detenu being released on bail, she was likely to indulge in similar crimes that would be prejudicial to maintenance of public order would not be a sufficient ground to order her preventive detention...........
Telangana Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Fake Document Offen, Section 3(2) -- Preventive detention - Mere registration of three offences by itself would not have any bearing on..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 11, Rule 12, 13, 14, 15 -- Application U.O.7.R.11 CPC and application U.O.11.Rr.12 to 15 CPC - If an application for production is plainly collateral to or inconsistent with limited inquiry U.O.7.R.11 CPC or if it serves only to delay the hearing of a threshold legal objection, Court may..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 141(1)(b) -- Imprisonment in default of security - It is only against person who executes bond or bail bond to keep the peace and who violates the conditions in bond or bail bond can be proceeded against by ordering his arrest and detention...........
Constitution of India, 1950, Article 226 -- Writ of Habeas corpus - Unlawful detention - Detenue being a minor and victim of kidnapping and rape case now aged 15 years 7 months and 13 days, is in protection home - She cannot be set at liberty forthwith as the petitioners seek - Detenue has clearly expressed her mind that she does not wish to go back to her parents and also..........
Custody of child -- Writ of habeas Corpus - Cannot be used only for mere enforcement of direction given by foreign Court and same is one of facts to be considered and extra ordinary power of writ of habeas Corpus can be availed in exceptional cases where detention of a child by parent or others is found to be illegal and without any authority of law and where original..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Arms Act, 1959, Section 25(1B)(a), 29(b) -- Bail - Offence u/ss 25(1-B)(a), 29(b) of Arms Act - Petitioner is in custody for the last more than 3-1/2 months - Investigation is complete and challan stands presented - Recovery of alleged weapon has already been effected and fact that trial may take a long time to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, 8(c), 25, 20(b)(ii)(C), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 480, 483 -- Contraband - Bail - Commercial quantity - Petitioners were indulged in possession and transportation of 184 kgs Ganja - They have been languishing in jail since 11.2.2025 - Nearly for past 190 days they have been in..........
