Writ - - Habeas corpus - It is a prerogative writ and an extraordinary remedy - It is writ of right and not a writ of course and may be granted only on reasonable ground or probable cause being shown...........
Custody/possession of wife -- Writ of Habeas corpus - Petition filed by husband - Maintainability - Remedy of writ of Habeas corpus at the instance of husband to regain his wife may not be available as a matter of course, particularly when wife having left her matrimonial home on her own on account of matrimonial discord - Petition dismissed...........
Protection to life and liberty -- As per pleadings petitioners are major and have performed marriage - Typed copy of Aadhar card seems to be manipulated in order to portrait the picture to the Court that both the petitioners are major - Writ petition dismissed with costs of Rs.25,000/-...........
Criminal Procedure Code, 1973, Section 41A -- Notice of appearance before police officer - No material on record on basis of which it can be concluded that credible information is available with investigating agency on basis of which petitioner could be nominated as an accused - For this reason, as well as on account of fact that said notice was issued during pendency of..........
Protection to life and liberty -- Petitioner No.1 is 20 years of age and petitioner No.2 is 16 years and 4 months - Petitioners intending to get married - Petitioner No.2 impleaded through petitioner No.1 - Petitioners not solemnised the marriage - Petitioner No.1 does not fall within ambit of Ss.4 & 6 of Hindu Minority and Guardianship Act - In Writ it would not be..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournments - Defendant sought adjournment because his advocate was tested Covid-19 positive - Advocate of defendant was admitted as an indoor patient and even after discharge from hospital, he was required to remain home quarantine - In such facts, Court below should have shown some sensitivity and should not have adjourned..........
Criminal Procedure Code, 1973, Section 156(3), Constitution of India, 1950, Article 226 -- Direction to police for fair and proper investigation - Writ petition - If an informant/petitioner is aggrieved that proper/fair investigation is not being done by investigating officer, then he/she may approach concerned Magistrate by moving an application u/s 156(3) Cr.P.C. for..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Writ jurisdiction - Where it is not a case of absence of sanction, but a case of validity of sanction, High Court u/art 226 of Constitution would not take cognizance of matter before pre-cognizance stage - In fact even thereafter remedy may not lie u/art 226 of Constitution, but may be..........
Criminal Procedure Code, 1973, Section 173(8) -- Fresh investigation - Transfer of investigation to CBI - S.173(8) Cr.P.C does not prevent Writ Court to transfer investigation to CBI, if Court deems it appropriate to do so in fit circumstances...........
Child custody -- Writ of Habeas Corpus - Custody of children with maternal grandparents of minor children - Father who is on bail relating to case registered for dowry death of wife, claiming custody of children - However, he failed to demonstrate that as to how, custody of children with their maternal grandparents can be said to be illegal or unlawful - Petition..........
