Constitution of India, 1950, Article 226 -- Habeas Corpus - Writ of habeas corpus is available as a remedy in all cases where a person is deprived of his/her personal liberty - It is processual writ to secure liberty of the citizen from unlawful or unjustified detention whether a person is detained by the State or is in private detention...........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Writ of Habeas Corpus is maintainable at the instance of prisoner if his fundamental rights are violated...........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Pre-mature release of prisoner - Writ of Habeas Corpus is not maintainable for securing pre-mature release of convicted prisoners...........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Illegal detention - Smuggling of 185 kg gold - Serious allegations are levelled against petitioner about his involvement in multi crore scam of smuggling of gold in which petitioner has actively participated - Prosecution agency has relevant material to justify arrest of petitioner - Petitioner is in custody in..........
Constitution of India, 1950, Article 226 -- Writ of Habeas corpus - Maintaina bility - Custody of child - Where child is in custody of another parent, Court can invoke its extraordinary writ jurisdiction for best interest of child...........
Constitution of India, 1950, Article 226 -- Writ of Habeas corpus - Maintainability - Custody of child - Claimed by father - Mother brought minor to India in violation of orders of jurisdictional Court in USA, her custody of child cannot be said to be strictly legal - However, High Court cannot direct mother to go to USA - Mother is an adult and no Court can force her to..........
Constitution of India,1950, Article 226 -- Writ - Public Interest litigation - Locus standi - Bribery scandal affecting District judiciary - Petitioner is an advocate of High Court and he has every right and duty to protect institution that too from corruption - Writ petition cannot be treated to be publicity interest litigation - Petitioner thus has locus standi to bring..........
Constitution of India,1950, Article 226 -- Writ - Public Interest litigation - Bribery scandal affecting District judiciary - Direction to lodge criminal case - Discretion to lodge criminal case is only given to Hon'ble Chief Justice as per two judgments of Apex Court - Since enquiry proceeding has already been completed, probity lies to request Hon'ble Chief Justice to..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Vacation of interim order - Would not render writ petition infructuous, as the Court, at the time of final adjudication of petition, would consider all aspects, and in case so required, shall pass necessary orders granting all consequential as well as substantial benefits to petitioner, which are all..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Principle that High Court should not exercise its extraordinary writ jurisdiction when an efficacious alternative remedy is available, is a rule of prudence and not a rule of law - Existence of such remedy does not mean that jurisdiction of High Court is ousted - At the same time, it is well settled principle..........
