Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 25, 29 -- Contraband - Quashing of proceedings - Substantial quantity of contraband (ganja) has been recovered - No categorical material on record at this stage to conclusively establish that recovery was pre-planned, foisted or fabricated - Plea of false implication constitute matters squarely falling..........
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..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Declaration of public holiday - Expansion of list of gazetted holidays is a matter of administrative calibration and any indiscriminate addition would adversely impact governance and public productivity - Jurisdiction u/art 32 of Constitution is meant for enforcement of fundamental rights and cannot be expanded..........
Custody of child -- Claimed by parents - Writ of habeas corpus - Corpus is major and she with free will and volition voluntarily married respondent No.7 after attaining majority and she has expressed her intention to live and stay with him only - She persisted on her decision to live with respondent No.7 who is her husband - It cannot be said that she has been illegally..........
Constitution of India, 1950, Article 226 -- Writ petition - Once High Court, upon application of mind, declines to entertain a writ petition in exercise of its discretionary jurisdiction on the ground that an efficacious alternative remedy for grant of relief is available but such remedy has not been pursued by petitioner, proceedings do not survive and must draw to an end..........
Custody of daughter -- Writ of habeas corpus - Corpus will turn 17 in two days time, is unwilling to join her mother - She stated that she voluntarily left house since she was being tortured by her parents to get married to a person with whom she was not inclined to get marry - Request of corpus that she will be permitted to stay with `K' cannot be accepted since `K' is..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Bail - Successive FIRs - These continued acts and conduct of prosecution was to consciously ensure that petitioner is kept in continued custody - Petitioner entitled to be released on bail in successive FIRs...........
Constitution of India, 1950, Article 226 -- Writ petition - Maintainability - Availability of alternative remedy - Where facts so justify, Court retains full discretion to entertain and decide a writ petition notwithstanding availability of an alternative remedy...........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Supervisory jurisdiction of High Court u/art 227 of Constitution is not an appellate jurisdiction in disguise and it does not permit re-appreciation of evidence...........
