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..........
Custody of child -- Claimed by mother - Writ of habeas corpus - Child is in custody of his father - No material on record which shows that custody of child is illegal - There exists no imminent or extraordinary threat perception warranting interference by Court in exercise of writ jurisdiction - Allegations made are yet to be tested before competent forum and cannot be..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Intimation of arrest - Requirement of informing a person of grounds for arrest is a mandatory requirement of Art.22(1) of Constitution and S.47 BNSS and absence of same would render arrest illegal...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest must be communicated to accused in writing - Law as to: (i) Constitutional mandate of informing arrestee grounds of arrest is mandatory in all offences under all statutes including offences under IPC/BNS; (ii) grounds of arrest must be communicated in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 70, 530 -- Service of summons - Summons were already served and witnesses were bond over - Communication through mobile phone regarding information of date is of course not illegal - Now mobile service by electronic media is already accepted in view of S.70 of BNSS...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 47, 48 -- Bail - Notice u/s 48 BNSS sent by whatsapp messages - But, there is no proof of service available - In absence of actual service, it cannot be held that there was due compliance with the provision of S.48 BNSS - Arrest of petitioners is rendered illegal - Bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Intimation of arrest - Requirement to inform a person of grounds for arrest is a mandatory requirement of Art.22(1) of Constitution and S.47 BNSS and absence of same would render arrest illegal...........
Public road -- Construction of religious structure - Removal of encroachment - Every minute, second that an illegal superstructure is on a public road or a street, it gives a fresh cause of action to Commissioner to invoke his power u/s 128 of Local Bodies Act...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 72 -- Bail - Non-bailable warrant of arrest (NBWA) - I.O. has not waited for scheduled time and NBWA issued against petitioner is an affront to personal liberty of petitioner - Same appears to have no legal sanction of law, as NBWA should be last resort in a criminal case when issuance of Bailable Warrant would not..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Grounds of arrest were not given to applicant at the time of arrest - Fundamental right of applicant u/arts 21, 22(1) of Constitution has been violated and thus his arrest and subsequent remand being illegal stands vitiated - Bail granted...........
