Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court
1 year ago

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court

Live Law  

The Kerala High Court has stated that successive habeas corpus petitions are maintainable if fresh grounds are raised, however, a successive habeas corpus petition challenging the same detention order is not maintainable before the same court even on fresh grounds. A second habeas corpus writ was filed by the petitioner-wife of detenu before the High Court challenging the very same detention order issued under the Kerala Anti-Social Activities Act, 2007 stating that there was no bar in filing successive habeas on fresh grounds. If the substantial challenge is against the detention order, the very same Court cannot entertain writ petition, even if new grounds have been raised as the Court is precluded from reopening its judgment challenging the validity of detention order which has become final.” In the facts of the case, the first writ petition was dismissed by the Court and a second habeas corpus writ was filed challenging the same order raising some additional grounds. Accordingly, the Court dismissed the writ petition and stated that the successive writ petition filed by the petitioner was not maintainable against the very same detention order.

High Court Constitution Court Detention Writ Order Stated Grounds Successive Habeas Detention Order Maintainable Fresh Grounds Corpus Petition New Grounds Successive Habeas Same Detention Order  kerala  grounds  writ  habeas  high  detention  court  maintainable  stated  raised  successive  order  corpus  petition

History of this topic

Habeas Corpus Most Potent Safeguard Against Illegal Detention, Can't Be Run Down By Misuse In Marital, Child Custody Cases: Telangana HC
1 month ago

Habeas Corpus Most Potent Safeguard Against Illegal Detention, Can't Be Run Down By Misuse In Marital, Child Custody Cases: Telangana HC

Live Law  

The Telangana High Court has reiterated that the remedy of Habeas Corpus is an extraordinary remedy available to safeguard against disappearances or illegal detention. "A Writ of Habeas Corpus can only be issued when a detention or imprisonment is without authority of law i.e., when the person is under illegal detention. With the expansion of the scope of Habeas Corpus, …

Death Penalty, Imprisonment, Breach Of Peace, Trial Of Offences: Kerala HC Clarifies Scope & Application Of Criminal Writ Petitions
1 month, 1 week ago

Death Penalty, Imprisonment, Breach Of Peace, Trial Of Offences: Kerala HC Clarifies Scope & Application Of Criminal Writ Petitions

Live Law  

The Kerala High Court has stated that proceedings that may result in punishments such as death, imprisonment and forfeiture of property should be filed as Writ Petitions. The Registrar clarified that as per a notification dated April 11, 2013, writ petition was adopted in the High Court for petitions under Article 226 for writ of Habeas Corpus and for other …

Cases Of Missing Persons Cannot Be Pursued Under Habeas Corpus Jurisdiction: MP High Court Reiterates
1 month, 2 weeks ago

Cases Of Missing Persons Cannot Be Pursued Under Habeas Corpus Jurisdiction: MP High Court Reiterates

Live Law  

While hearing a Habeas Corpus Petition, the Madhya Pradesh High Court has reiterated that cases of missing persons cannot be brought under the provision of Habeas Corpus and that such cases are to be filed under regular provisions of the penal law. The division bench of Justice Sanjeev Sachdeva and Justice Vinay Saraf observed, “Cases of missing persons cannot be …

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC
1 month, 2 weeks ago

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC

Live Law  

The Kerala High Court has reiterated that interim orders that affect the substantial rights and liabilities of the parties and cause significant prejudice, are appealable during the pendency of the writ petition under Section 5 of the Kerala High Court Act, 1958. Such an order, touching upon the substantial rights and liabilities of the parties and causing substantial prejudice to …

[KAAPA] Detaining Authority Has Duty To Provide Legible Copies Of Relevant Documents To Detenu: Kerala High Court
1 month, 2 weeks ago

[KAAPA] Detaining Authority Has Duty To Provide Legible Copies Of Relevant Documents To Detenu: Kerala High Court

Live Law  

The Kerala High Court has held that the detaining authority under the Kerala Anti-Social Activities Prevention Act has a duty to provide the detenu with legible copies of all relevant documents forming basis for the detention, including the detention order. The Court stated that the detenu can only exercise his constitutional right under Article 22 of the Constitution and his …

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
3 months, 1 week ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

Live Law  

The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

High Court Allows Habeas Corpus Petition for Release of Accused in Drugs Case
4 months, 2 weeks ago

High Court Allows Habeas Corpus Petition for Release of Accused in Drugs Case

Deccan Chronicle  

A Telangana High Court allows a habeas corpus petition for the release of a person accused of systematic violation of the Narcotic Drugs and Psychotropic Substances Act, 1985. The court finds that the detention order passed by the Hyderabad commissioner of police was unconstitutional and illegal as it violated the principles of preventive detention and presumption of innocence. The court …

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court
6 months ago

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that a habeas corpus plea seeking the release of the accused, who is in judicial custody by virtue of an order passed by a court of competent jurisdiction, and, whose regular bail application has also been dismissed by the trial Court concerned, is not maintainable.Justice Kuldeep Tiwari refused to entertain the habeas …

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court
6 months, 1 week ago

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court ruled that a habeas corpus writ petition cannot be dismissed solely because the period of preventive detention has expired during the pendency of the case. Justice Rahul Bharti, while adjudicating the case, stated: "A habeas corpus writ petition cannot be allowed to suffer self-abortion because of its pendency outlasting the prescribed period …

[KAAPA] Police's Failure To Use Available Technology To Expedite Process Undermines Personal Liberty Of Accused In Preventive Detention Cases: Kerala HC
6 months, 2 weeks ago

[KAAPA] Police's Failure To Use Available Technology To Expedite Process Undermines Personal Liberty Of Accused In Preventive Detention Cases: Kerala HC

Live Law  

The Kerala High Court observed that the State Police uses an 'Integrated Core Policing System' that enables them to collect information about offenders promptly and efficiently without delay. The Court thus stated that with the technological advancements, the government cannot justify the delay in issuing the detention order by claiming that they spent time gathering case details. The Court was …

Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court
7 months, 1 week ago

Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court recently quashed a detention order issued by District Magistrate Kathua, citing a failure in procedural compliance, specifically the communication of the grounds of detention in a language understood by the detenue. The court also highlighted the necessity of the Detaining Authority to ensure that the grounds of detention are communicated in a …

Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order : Kerala High Court
7 months, 1 week ago

Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order : Kerala High Court

Live Law  

The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building Tax Act.The bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V.M. The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building …

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13
7 months, 1 week ago

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13

The Hindu  

The Kerala High Court on Wednesday reserved its verdict on a writ petition challenging the State Information Commission’s order directing the Kerala government to make public the Justice K. Hema Committee report on women’s working conditions in the Malayalam film industry with limited redactions. The Kerala Women’s Commission and the Women in Cinema Collective, which were impleaded in the case, …

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal
10 months ago

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal

Live Law  

The Supreme Court disposed of the writ petition filed before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier. The order was passed after Senior Advocate R Basant, appearing for the State, informed the Court that the state was withdrawing the writ petition from the High Court. …

Supreme Court Pulls Up Kerala Govt For Approaching HC Challenging NGT Order Which Was Upheld By SC
10 months, 1 week ago

Supreme Court Pulls Up Kerala Govt For Approaching HC Challenging NGT Order Which Was Upheld By SC

Live Law  

The Supreme Court on Friday expressed displeasure at the State of Kerala for filing a writ petition before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier. “You should be first concerned about your action as a State by filing a writ petition against an order, against …

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]
11 months ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]

Live Law  

Citations 2024 LiveLaw 240 to 2024 LiveLaw 255 Arbitration and Conciliation Act 1996 Arbitration and Conciliation Act 1996; Section 78 – Arbitration clause – Two-Contract Case – When the parties enter into a contract, making a general reference to another contract, such general reference would not have the effect of incorporating the arbitration clause from the referred document into the …

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC
11 months, 2 weeks ago

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC

Live Law  

The Kerala High Court stated that writ jurisdiction under Article 226 of the Constitution cannot be invoked to re-appreciate the evidence in a domestic enquiry conducted by the disciplinary authorities. Kunhikrishnan relied upon the Apex Court judgement in Union of India v. H C Goel to state that the writ jurisdiction of the High Court cannot be invoked to consider …

Courts Should Meticulously Scrutinise Procedural Norms In Preventive Detention Cases, Any Deviation From Procedure Should Favour Detenue: J&K High Court
11 months, 3 weeks ago

Courts Should Meticulously Scrutinise Procedural Norms In Preventive Detention Cases, Any Deviation From Procedure Should Favour Detenue: J&K High Court

Live Law  

Safeguarding civil liberties by quashing a detention order under the Jammu and Kashmir Public Safety Act 1978, the Jammu and Kashmir and Ladakh High Court has ruled that it is imperative for the Courts to meticulously scrutinize cases involving detention laws, ensuring strict adherence to procedural norms and safeguarding against governmental overreach. Court's Observations: Clarifying the scope of judicial review …

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court
1 year, 1 month ago

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court

Live Law  

The Kerala High Court has made it clear that writ jurisdiction under Article 226 of the Constitution cannot be invoked for the execution of a decree when there is an alternative effective remedy to approach a competent civil court by filing an execution petition. The petitioner had approached the High Court invoking its writ jurisdiction under Article 226 of the …

SC orders immediate release of 25-year-old woman detained by her parents
1 year, 2 months ago

SC orders immediate release of 25-year-old woman detained by her parents

Hindustan Times  

Even a single day is one day too many when liberty of a person is involved, the Supreme Court held on Wednesday as it ordered immediate release of a 25-year-old woman illegally detained by her parents to stop her from being with a man of her choice and pursue a career in Dubai. On January 3, the Supreme Court bench …

Kerala High Court Dismisses Habeas Corpus Plea
1 year, 3 months ago

Kerala High Court Dismisses Habeas Corpus Plea

Live Law  

The Kerala High Court today closed the Habeas Corpus petition filed by the father of Dr Akhila @ Hadiya alleging that his daughter had been missing since the last month and they were unable to contact her. A division bench comprising Justice Anu Sivaraman and Justice C. Pratheep Kumar observed that Hadiya is not under any illegal detention and thus …

High Court Directs Personal Appearance Of Jammu's Divisional Commissioner Over Repeated Failure To Produce Detention Records
1 year, 5 months ago

High Court Directs Personal Appearance Of Jammu's Divisional Commissioner Over Repeated Failure To Produce Detention Records

Live Law  

The Jammu and Kashmir High Court has ordered the personal appearance of the Jammu Divisional Commissioner on October 12 for repeated failure to produce detention records in a habeas corpus plea. The directions were passed by Justice Javed Iqbal Wani during the hearing of a habeas corpus petition filed by a man who is currently held in Kishtwar district jail …

[S.15A SC/ST Act] Victim Need Not Be Put To Notice Of Habeas Corpus Plea Moved By Accused Following Preventive Detention: Madras High Court
1 year, 5 months ago

[S.15A SC/ST Act] Victim Need Not Be Put To Notice Of Habeas Corpus Plea Moved By Accused Following Preventive Detention: Madras High Court

Live Law  

The Madras High Court has made it clear that the habeas corpus petition challenging the preventive detention of a person who is accused of committing offences under the Schedules Caste/Scheduled Tribe Act is not a 'connected proceeding' for the purposes of Section 15-A and of the Act. Court held that habeas corpus is a constitutional remedy available under Article 226 …

Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped
1 year, 5 months ago

Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped

Live Law  

While setting aside a preventive detention order made by the State for detention of a lawyer in connection with smuggling under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, the Madras High Court noted that the live and proximate link between grounds of detention and purpose of detention had snapped. “In the case on hand, from …

Allahabad High Court on Order Of Judicial Remand And Habeas Corpus Petition
1 year, 6 months ago

Allahabad High Court on Order Of Judicial Remand And Habeas Corpus Petition

Live Law  

While dismissing a habeas corpus petition, the Allahabad High Court imposed a cost of Rs. It is a well accepted principles that a writ of Habeas Corpus is not to be entertained when a person committed to the judicial custody or the police custody by a competent court by an order, which prima facie does not appear without jurisdiction or …

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court
1 year, 6 months ago

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court

Live Law  

While acknowledging the principle of not ordinarily interfering with the detaining authority's subjective satisfaction, the Jammu and Kashmir and Ladakh High Court on Wednesday clarified that this principle does not preclude the court from examining the material that forms the basis of detention. “The subjective satisfaction though cannot be interfered normally by the court but at the same time it …

Tamil Nadu Minister Senthilbalaji’s arrest | Third judge of Madras High Court rules in favour of Enforcement Directorate
1 year, 8 months ago

Tamil Nadu Minister Senthilbalaji’s arrest | Third judge of Madras High Court rules in favour of Enforcement Directorate

The Hindu  

Arrested Tamil Nadu Minister V. Senthilbalaji suffered a major setback at the Madras High Court on Friday, with Justice C.V. Karthikeyan, the third judge named by Chief Justice S.V. To get today’s top stories from the State in your inbox, subscribe to our Tamil Nadu Today newsletter here Justice C.V. Karthikeyan also held that the Directorate of Enforcement can subject …

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court
1 year, 8 months ago

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court

Live Law  

The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the bail conditions already imposed on the detenu.The Division Bench comprising Justice P.B. The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the …

ED Questions Maintainability Of Habeas Corpus Plea Against Senthil Balaji’s Arrest, Tells Madras High Court ‘He Wasn’t Cooperating With Probe’
1 year, 8 months ago

ED Questions Maintainability Of Habeas Corpus Plea Against Senthil Balaji’s Arrest, Tells Madras High Court ‘He Wasn’t Cooperating With Probe’

Live Law  

Opposing the habeas corpus petition challenging Tamil Nadu minister Senthil Balaj’s arrest in the money laundering case, the Enforcement Directorate on Tuesday argued that the court cannot interfere in the matter in a habeas corpus plea when the trial court has held the custody to be not illegal. Mehta also argued that though executive actions can be challenged when they …

Doc in Preethi case appeals order
1 year, 8 months ago

Doc in Preethi case appeals order

Deccan Chronicle  

HYDERABAD: Justice M. Sudheer Kumar of the Telangana High Court on Wednesday issued notices to the Kaloji Narayana Rao University of Health Sciences and Kakatiya Medical College on a writ petition filed by suspended PG medical student Dr M.A. Habeas order given in baby’s case A two-judge bench of the Telangana High Court entertained a habeas corpus writ petition for …

Kerala High Court Closes Woman's Habeas Corpus Plea Seeking Release Of Lesbian Partner From Parental Custody
1 year, 9 months ago

Kerala High Court Closes Woman's Habeas Corpus Plea Seeking Release Of Lesbian Partner From Parental Custody

Live Law  

The Kerala High Court on Monday closed the habeas corpus petition filed by a 21 year old woman seeking the release of her lesbian partner from the custody of her family.The Division Bench comprising Justice P.B. Sureshkumar and Justice Shoba Annamma Eapen closed the petition on taking note of the petitioner's partner's/ the alleged detenu's statement that she wished to …

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court
1 year, 9 months ago

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court

Live Law  

The Kerala High Court on Monday held that a detention order issued against a person can be quashed on the basis of unexplained delay in issuing the order of detention after the last prejudicial activity of the detenu, as per the Kerala Anti-Social Activities Act, 2007. In other words, an unexplained delay in issuing the order of detention after the …

Grounds In Detention Order Quashed By Writ Court Can't Be Considered While Passing Fresh Detention Order: Jammu & Kashmir High Court
1 year, 10 months ago

Grounds In Detention Order Quashed By Writ Court Can't Be Considered While Passing Fresh Detention Order: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High has ruled that when a Court quashes a detention order using a high prerogative writ, the grounds of the previous order should not be considered, either in whole or in part, when determining new grounds for detention. Justice Moksha Kazmi Khajuria made these observations while hearing a Habeas Corpus petition seeking quashing of …

Kerala High Court Dismisses Plea To Suspend State's Top Officials For 'Undue Influence', Says Aimless Allegations Without Supporting Material
1 year, 11 months ago

Kerala High Court Dismisses Plea To Suspend State's Top Officials For 'Undue Influence', Says Aimless Allegations Without Supporting Material

Live Law  

The Kerala High Court on Monday came down heavily upon the practice of filing writ petitions without any basis and thereby 'threatening the system into ridicule'. Justice Bechu Kurian Thomas while dismissing a plea alleging State's Top officials of influencing others to destroy petitioner's life, imposed a cost of Rs.25,000/- payable to the Kerala Legal Services Authority. The petitioner also …

Habeas corpus case: Telangana HC directs police to set aside detention order
2 years ago

Habeas corpus case: Telangana HC directs police to set aside detention order

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court on Friday directed the police to set aside a detention order in a habeas corpus case. The bench of Justice Abhinand Kumar Shavili and Justice Pulla Karthik heard the writ petition filed by Kota Swati, wife of the detainee, seeking that her husband be produced. The bench of Justice Abhinand Kumar …

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court
2 years, 1 month ago

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

Live Law  

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes Act, 1989 cannot directly approach the High Court seeking bail. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus: As per Section 14-A, it has been specifically provided that, …

Time To Stop Entertaining Writ Petitions Relating To Wakf Act, Parties Must First Approach Statutory Authorities: Kerala High Court
2 years, 1 month ago

Time To Stop Entertaining Writ Petitions Relating To Wakf Act, Parties Must First Approach Statutory Authorities: Kerala High Court

Live Law  

The Kerala High Court recently observed that time has come for it to stop entertaining writ petitions seeking directions relating to a wakf and to insist that the party should first approach the authorities under the Wakf Act.The Division Bench comprising Justice A.K. The Kerala High Court recently observed that time has come for it to stop entertaining writ petitions …

14 Men Arrested in Delhi for Their Role in PFI Withdraw Plea Seeking Compensation for ‘Illegal Detention’
2 years, 2 months ago

14 Men Arrested in Delhi for Their Role in PFI Withdraw Plea Seeking Compensation for ‘Illegal Detention’

News 18  

A group of 14 men, arrested for being the alleged members of banned Popular Front of India, have withdrawn their petition, seeking directions for compensation and action against erring officers for their “illegal detention”. A bench of Justice Siddharth Mridul and Justice Talwant Singh allowed the petitioners to withdraw their plea and granted liberty to file a fresh petition in …

District Magistrate Cannot Describe Period Of Preventive Detention, Govt's Prerogative To Do The Same : JKL High Court
2 years, 3 months ago

District Magistrate Cannot Describe Period Of Preventive Detention, Govt's Prerogative To Do The Same : JKL High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that a District Magistrate while passing the order of detention cannot describe the period of detention of the detenue, because it is the Government which after approving the detention provides the period till the detenue would be detained.A bench comprising Justice Wasim Sadiq Nargal observed,"Section 17 of J & K …

Kerala High Court Reserves Order On Petitions Seeking Cancellation Of MLA Eldose Kunnappilly's Anticipatory Bail In Rape Case
2 years, 3 months ago

Kerala High Court Reserves Order On Petitions Seeking Cancellation Of MLA Eldose Kunnappilly's Anticipatory Bail In Rape Case

Live Law  

The Kerala High Court on Monday reserved its order on the petitions seeking cancellation of the order granting anticipatory bail to Congress MLA Eldhose Kunnappilly in the case accusing him of rape and attempt to murder of a woman. Justice Kauser Edappagath, during the arguments today, said:"Even in a case where 100 times you consent for sexual relations, if you …

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court
2 years, 4 months ago

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court

Live Law  

The Gujarat High Court, while dealing with a plea filed by the mother of a minor child, recently held that the habeas corpus petition is maintainable even in matters of child custody, provided that detention of the minor child by the other parent or others is proved to be illegal and without any authority of law.The court made the observation …

BREAKING: Kerala High Court Cancels Anticipatory Bail Of Writer-Activist Civic Chandran In Sexual Harassment Case
2 years, 5 months ago

BREAKING: Kerala High Court Cancels Anticipatory Bail Of Writer-Activist Civic Chandran In Sexual Harassment Case

Live Law  

Allowing the state government and victim's petitions challenging the sessions court order, the Kerala High Court on Thursday cancelled author and social activist Civic Chandran's anticipatory bail in a sexual harassment case. The Kerala State Government and the De Facto Complainant had approached the High Court challenging the anticipatory bail granted to Writer-Activist Civic Chandran, arguing that the order is …

Habeas Corpus Plea Can't Be Entertained If Allegation Of Illegal Detention Absent In Missing Person Report: Rajasthan High Court
2 years, 5 months ago

Habeas Corpus Plea Can't Be Entertained If Allegation Of Illegal Detention Absent In Missing Person Report: Rajasthan High Court

Live Law  

Disposing of a habeas corpus petition, the Jaipur Bench of the Rajasthan High Court recently said that in absence of an allegation of 'illegal detention' in cases where a 'Missing Person Report' has already been filed, the proper course available would be to approach the concerned magistrate. The petitioner had filed a habeas corpus petition before the Rajasthan High Court …

Preventive Detention Will Be Vitiated By Unexplained Delay In Passing Order, Withholding Of Relevant Material : Supreme Court
2 years, 5 months ago

Preventive Detention Will Be Vitiated By Unexplained Delay In Passing Order, Withholding Of Relevant Material : Supreme Court

Live Law  

The Supreme Court observed that unreasonable and unexplained delay in passing the order of detention from the date of the proposal can vitiate the detention order.The bench of CJI Uday Umesh Lalit, Justices S. Ravindra Bhat and JB Pardiwala observed that there should be "live and proximate link" between the grounds of detention and the purpose of detentionIn this case, …

Breaking: Madhu Lynching Case| Kerala High Court Upholds Special Court Order Cancelling Bail To 11 Accused
2 years, 6 months ago

Breaking: Madhu Lynching Case| Kerala High Court Upholds Special Court Order Cancelling Bail To 11 Accused

Live Law  

The Kerala High Court on Monday dismissed the appeals challenging a Special Court's order cancelling the bail granted to 11 accused persons in case of lynching of a tribal youth in February 2018. The Court in the instant case ascertained that the following important questions arose before it for consideration: Firstly, whether the Court of Session, in the exercise of …

Grounds Of Detention Mentioned In An Order That Was Quashed By Court Can't Be Considered To Pass Fresh Detention Order: J&K&L High Court
2 years, 6 months ago

Grounds Of Detention Mentioned In An Order That Was Quashed By Court Can't Be Considered To Pass Fresh Detention Order: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that once an order of preventive detention is quashed, the grounds of detention mentioned in such order cannot be considered, either as a whole or in part, for the purpose of passing fresh deletion orders. A bench of Justice Sindhu Sharma observed: "If a detention order is quashed, the grounds …

No Remedy Under Article 227 For Orders Revisable U/S 115 CPC: Kerala High Court
2 years, 7 months ago

No Remedy Under Article 227 For Orders Revisable U/S 115 CPC: Kerala High Court

Live Law  

The Kerala High Court recently held that an Original Petition filed under Article 227 of the Constitution is not the remedy in relation to an order which is revisable under Section 115 of the Civil Procedure Code. The Court in this case considered three questions to be of seminal importance: firstly, which orders are revisable under Section 115 of CPC; …

Gujarat High Court Allows 'Habeas Corpus' Petition By Younger Son Seeking Parents' Custody From Elder Brother
2 years, 7 months ago

Gujarat High Court Allows 'Habeas Corpus' Petition By Younger Son Seeking Parents' Custody From Elder Brother

Live Law  

The Gujarat High Court has handed over the custody of an old and ailing couple to their younger son in a habeas corpus petition filed by the latter alleging mis-treatment and illegal detention of his parents by his elder brother, the Respondent. A division bench of Justices Vipul Pancholi and Sandeep Bhatt expressed shock at the Respondent's conduct in chambers, …

Writ Plea Alleging Violation Of Rights Conferred Under Industrial Settlement Maintainable U/Art 226 Only If Traceable To Common Law: Kerala High Court
2 years, 8 months ago

Writ Plea Alleging Violation Of Rights Conferred Under Industrial Settlement Maintainable U/Art 226 Only If Traceable To Common Law: Kerala High Court

Live Law  

The Kerala High Court on Thursday held that a writ petition in cases where an employee is effectively seeking the enforcement of rights conferred under an industrial settlement is not maintainable before a High Court if the rights in question can only be traced to the settlement and not to any common or civil law. A Division Bench of Justice …

Discover Related