Criminal trial -- Custody and arrest are not synonymous and in every arrest there must be custody, but not vice versa, since a person in custody may not be under arrest - Custody means physical surrender of person and even if a person is not arrested, he can surrender in Court - During custody in a criminal matter, person is considered to be in duress...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 58 -- Bail - Illegal detention in police Custody beyond 24 hours violates the provision of Art.22(2) of Constitution r/w S.58 BNSS - Arrest of petitioners are violative of constitutional mandate - Bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(i), Bharatiya Nyaya Sanhita, 2023, Section 310(2) -- Default bail - Dacoity - When offence of dacoity, which is punishable with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, is under investigation, right to statutory bail arises as per S.187(3)(i) BNSS on completion of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Dismissal in default - Order of dismissal passed on 14.9.2023 - However, as per evidence on record complainant was in custody for offences under NDPS Act and Arms Act from 20.4.2023 to 2.8.2024 - Dismissal order set aside and case remanded to trial court - Appeal allowed...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Dismissal of complaints - Condonation of delay of 357 days and 363 days - As per evidence on record, complainant was in custody for more than 1 year and he was only released on bail due to immediate medical treatment - Complainant provided adequate reason for the delay..........
Custody of child -- Daughter is under custody of her mother - Custody of child thus, granted to mother - However, father and his family shall have supervised visitation rights to meet the child for first three months and thereafter based on the comfort and wellbeing of minor girl child - Directions issued...........
Guardians and Wards Act, 1890, Section 6, 17(2) -- Custody of child - Muslim personal law - It is obligatory to consider personal law applicable to minor in matter of guardianship and custody...........
Guardians and Wards Act, 1890, Section 6, 17 -- Custody of child - Mother defying interim orders for handing over temporary custody to respondent under one pretext or other - But that will not disentitle mother to retain custody of child...........
Guardians and Wards Act, 1890, Section 6, 17 -- Custody of child - Child flatly refused to go with father - Mother supporting child through business - Neither there is any female member in family of father nor father provided any evidence of being financially stable to take better care of son - Custody awarded to mother with visitation rights to father...........
Muslim law -- Hizanat (custody) and Wilayat-e-nafs (Guardianship) - Distinction - Physical custody and day to day upbringing is hizanat and all other aspects than hizanat would fall in wilayat-e-nafs - Primarily hizanat of minor is with mother upto particular age and after reaching that age custody of mother who is hazina is taken away and vested with father who is called..........
