Madras HC Deprecates Practice Of Converting Man Missing Cases As Habeas Corpus Petitions [Read Order]
6 years, 10 months ago

Madras HC Deprecates Practice Of Converting Man Missing Cases As Habeas Corpus Petitions [Read Order]

Live Law  

Man missing cases are to be dealt as regular cases by the competent court of law and the extraordinary jurisdiction of the constitutional courts cannot be invoked for the purpose of dealing with such man/women missing casesThe Madras High Court recently observed that there should be some restraint in entertaining habeas corpus petitions in relation to man/woman missing cases.The court. Man missing cases are to be dealt as regular cases by the competent court of law and the extraordinary jurisdiction of the constitutional courts cannot be invoked for the purpose of dealing with such man/women missing cases The Madras High Court recently observed that there should be some restraint in entertaining habeas corpus petitions in relation to man/woman missing cases. Extra-ordinary jurisdiction not to be invoked in man missing cases The court, observing that it is frequently witnessing that man/woman missing cases are converted as habeas corpus petitions, said: “Man/Women missing cases cannot be brought under the provision of the Habeas Corpus petition. Such cases are to be dealt as regular cases by the competent Court of Law and the extraordinary jurisdiction of the Constitutional Courts cannot be invoked for the purpose of dealing with such Man/Women Missing cases.” The court also observed that the police people are spending a lot of time and wasting their time by travelling across the country under the guise of man/woman missing cases which results in lots of concern and expenditures to the state exchequer.

Court Habeas Corpus Missing Cases Habeas Corpus Petition Missing Cases Habeas Corpus Petitions Man Missing Cases Regular Cases Order Man  petitions  regular  hc  casesthe  court  practice  missing  read  habeas  madras  order  man  deprecates  corpus  petition  cases  manwomen

History of this topic

Delhi HC asks for inquiry report on an arrest by U.P. police in Delhi
Trending News
1 week ago

Delhi HC asks for inquiry report on an arrest by U.P. police in Delhi

The Hindu  

The Delhi High Court has directed the Uttar Pradesh Police director general to submit an inquiry report for arresting a Delhi resident in the capital without intimating the local police. A Bench of Justices Prathiba M Singh and Rajneesh Kumar Gupta said was hearing a habeas corpus petition alleging that a man was intercepted from Delhi’s Connaught Place on February …

Delhi HC asks for inquiry report on an arrest by U.P. police in Delhi
Trending News
1 week ago

Delhi HC asks for inquiry report on an arrest by U.P. police in Delhi

The Hindu  

The Delhi High Court has directed the Uttar Pradesh Police director general to submit an inquiry report for arresting a Delhi resident in the capital without intimating the local police. A Bench of Justices Prathiba M Singh and Rajneesh Kumar Gupta said was hearing a habeas corpus petition alleging that a man was intercepted from Delhi’s Connaught Place on February …

Delhi HC seeks clarity from police over AI-based tracking of missing persons
2 weeks, 6 days ago

Delhi HC seeks clarity from police over AI-based tracking of missing persons

New Indian Express  

NEW DELHI: The Delhi High Court has sought clarity from Delhi Police on the potential use of artificial intelligence technology to trace persons who have gone missing, particularly due to medical conditions or other vulnerabilities. A division bench comprising Justice Prathiba M Singh and Justice Dharmesh Sharma directed the police to submit a concise affidavit outlining whether any AI software …

Missing PU student found in Udupi, left home due to exam fear: Police
3 weeks, 1 day ago

Missing PU student found in Udupi, left home due to exam fear: Police

Hindustan Times  

A pre-university student from Dakshina Kannada, who went missing from his home in Farangipete on February 25, was traced in Udupi on Saturday after travelling across multiple locations in Karnataka. The Karnataka high court has taken note of the matter after the student’s parents filed a habeas corpus petition. According to Dakshina Kannada superintendent of police Yathish N, the student, …

Rajasthan HC rejects plea of man seeking to have live-in relationship with his own sister
3 weeks, 4 days ago

Rajasthan HC rejects plea of man seeking to have live-in relationship with his own sister

Op India  

A bizarre case came up for hearing before the Rajasthan High Court in which a man claiming to be in a live-in relationship with his sister filed a habeas corpus petition alleging that his sister was detained by her in-laws. Maybe the offence of adultery is not attracted against a woman, but the very purpose of conferring high prerogative writs …

Habeas Corpus Most Potent Safeguard Against Illegal Detention, Can't Be Run Down By Misuse In Marital, Child Custody Cases: Telangana HC
1 month, 2 weeks 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, …

Cases Of Missing Persons Cannot Be Pursued Under Habeas Corpus Jurisdiction: MP High Court Reiterates
1 month, 3 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 …

Gujarat HC seeks govt's stand after father files plea over daughter's elopement with priest
3 months ago

Gujarat HC seeks govt's stand after father files plea over daughter's elopement with priest

Hindustan Times  

The Gujarat High Court has issued notices to the state government, Ahmedabad police commissioner and others on a habeas corpus plea filed by a man claiming his daughter eloped with a priest of ISKCON with gold and cash and illegally confined. Gujarat High Court The bench of Justices Sangeeta Vishen and Sanjeev Thaker issued notices on Tuesday to the government, …

Minor Son Brought To India By Mother In 2018 Is US Citizen, Illegal Migrant In India: Rajasthan HC Allows Father's Habeas Corpus Plea
3 months, 3 weeks ago

Minor Son Brought To India By Mother In 2018 Is US Citizen, Illegal Migrant In India: Rajasthan HC Allows Father's Habeas Corpus Plea

Live Law  

The Jaipur bench of the Rajasthan High Court allowed a habeas corpus plea filed by the father of a minor child was born and earlier residing in the US, was brought to India by his mother in 2018 and had not returned even after expiration of his visa, ruling that the child shall be considered an illegal migrant in India. …

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court
6 months, 1 week 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 …

Police Must Commence Investigation Immediately In Missing Children Cases Without Waiting For 24 Hours: Delhi High Court
8 months, 3 weeks ago

Police Must Commence Investigation Immediately In Missing Children Cases Without Waiting For 24 Hours: Delhi High Court

Live Law  

The Delhi High Court has directed all the police stations in the national capital to ensure that there shall be no waiting period for 24 hours to start inquiry or investigation in cases of missing children. A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma directed the Commissioner of Delhi Police to give directions to all the …

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 …

[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, 6 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 …

ED Questions Maintainability Of Habeas Corpus Plea Against Senthil Balaji’s Arrest, Tells Madras High Court ‘He Wasn’t Cooperating With Probe’
1 year, 9 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 …

Interfaith Marriage: Gujarat High Court Rejects Mother's Plea For Custody Of Adult Daughter, Says Not Abducted Or Confined Illegally
1 year, 9 months ago

Interfaith Marriage: Gujarat High Court Rejects Mother's Plea For Custody Of Adult Daughter, Says Not Abducted Or Confined Illegally

Live Law  

The Gujarat High Court dismissed a habeas corpus plea of a woman seeking custody of her adult daughter, who is said to have willingly entered into a marriage with a Muslim man. "All the documents produced by the petitioner herself is clear to establish that she is major and entered into a marriage, of course with a person of her …

T.N. Minister Senthilbalaji arrest | Madras High Court agrees to hear habeas corpus petition by Minister’s wife
1 year, 9 months ago

T.N. Minister Senthilbalaji arrest | Madras High Court agrees to hear habeas corpus petition by Minister’s wife

The Hindu  

The Madras High Court on Thursday, June 15, 2023 accepted a request made on behalf of Minister for Electricity, Prohibition and Excise V. Senthilbalaji’s wife, for an urgent hearing of a habeas corpus petition filed by her accusing the Enforcement Directorate of not having followed due procedure while arresting her husband early on Wednesday. To get today’s top stories from …

Biological parents of child given for adoption file habeas corpus plea in Bombay HC
1 year, 10 months ago

Biological parents of child given for adoption file habeas corpus plea in Bombay HC

India Today  

The Bombay High Court has granted five weeks' time to a Mumbai couple to get a stay from another bench of the high court on an order of the Mumbai Civil court, which had directed them to return their adopted child to its biological parents. The bench of Justices Revati Mohite Dere and Sharmila Deshmukh were hearing a habeas corpus …

Telangana HC notice for Majidpur tahsildar in land grab case
2 years ago

Telangana HC notice for Majidpur tahsildar in land grab case

Deccan Chronicle  

Hyderabad: A bench of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji of the Telangana High Court on Tuesday ordered notice to the tahsildar of Majidpur in Shameerpur mandal of Medchal Malkajgiri district on a PIL filed by S. Ashok Reddy. A division bench of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji ordered notice in a writ plea filed …

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 …

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court
2 years, 5 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 …

Kerala High Court Exalts Police Assistance In Tracing Out Woman Alleged To Have Been Illegally Detained
2 years, 5 months ago

Kerala High Court Exalts Police Assistance In Tracing Out Woman Alleged To Have Been Illegally Detained

Live Law  

The Kerala High Court recently appreciated the "invaluable assistance" rendered to it by the State Police in disposing a habeas corpus writ petition.The Division Bench consisting of Justice K. Vinod Chandran and Justice C. Jayachandran exalted the assistance of various Police Personnel within State Police Department in tracing out the person, alleged to have been illegally detained, both. The Kerala …

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 …

Telangana HC directs DGP to submit report on missing cases
2 years, 6 months ago

Telangana HC directs DGP to submit report on missing cases

Deccan Chronicle  

HYDERABAD: Taking serious note of the Hyderabad Police's failure to find a boy who went missing from the city six years ago, the Telangana High Court on Thursday questioned the police machinery on how they failed to trace a missing person's whereabouts despite claiming to have the latest technology to trace a missing person within 24 hours. Venugopal directed Telangana …

Inter-Caste Marriage : Supreme Court Quashes Non-Bailable Warrants Issued Against Dalit Man In A Case Alleging Abduction Of Wife
2 years, 7 months ago

Inter-Caste Marriage : Supreme Court Quashes Non-Bailable Warrants Issued Against Dalit Man In A Case Alleging Abduction Of Wife

Live Law  

The Supreme Court last week granted pre-arrest bail and quashed non-bailable warrants issued against a man belonging to the Dalit community, who was accused of kidnapping and forcibly marrying an upper caste woman. The Court was considering an SLP challenging the judgment of the High Court of Jharkhand dated March 22, which dismissed the petitioner's plea against non-bailable warrants against …

"He Appears To Be Under Illegal Detention Of UP Govt Authorities": Allahabad High Court Seeks Production Of 82 Year Old Missing Man
2 years, 11 months ago

"He Appears To Be Under Illegal Detention Of UP Govt Authorities": Allahabad High Court Seeks Production Of 82 Year Old Missing Man

Live Law  

In what appears to be the last opportunity, the Allahabad High Court has directed the Uttar Pradesh Government to produce the 82-year-old man who went missing from TB Sapru Hospital in Prayagraj during COVID's second wave, around 11 months ago, before the Court on May 6.The Bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji also made a prima …

"Produce Him Or Exemplary Cost May Be Imposed": Allahabad High Court Warns UP Govt In Case Of 82 Year Old Missing Man
2 years, 11 months ago

"Produce Him Or Exemplary Cost May Be Imposed": Allahabad High Court Warns UP Govt In Case Of 82 Year Old Missing Man

Live Law  

In what appears to be the last opportunity, the Allahabad High Court has directed the Uttar Pradesh Government to produce the 82-year-old man who went missing from TB Sapru Hospital in Prayagraj during COVID's second wave, around 11 months ago.The Bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji has also taken a serious view of this matter and …

'Take Effective Steps To Secure Her': Calcutta HC Seeks Investigation Report In Habeas Corpus Plea Filed By Missing Girl's Father
3 years ago

'Take Effective Steps To Secure Her': Calcutta HC Seeks Investigation Report In Habeas Corpus Plea Filed By Missing Girl's Father

Live Law  

The Calcutta High Court on Thursday directed the concerned police authorities to take all possible steps to find out the whereabouts of a 17 year old girl who had allegedly been abducted, and further submit a report detailing the progress of the investigation. A Bench comprising Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya were adjudicating upon a habeas corpus …

Supreme Court Issues Notice On Chennai Advocate's Plea Against State Police Probe Into His Son's Death
3 years, 1 month ago

Supreme Court Issues Notice On Chennai Advocate's Plea Against State Police Probe Into His Son's Death

Live Law  

On allegations of manipulation by the Tamil Nadu state police, the Supreme Court on Monday issued notice on the challenge to the Madras High Court direction vesting the investigation in the 2011 death of an advocate to the CB-CID. for the petitioner-father and Advocate S. Prabhakar for the Tamil Nadu Advocates' Association and the Madras High Court Bar Association have …

Calcutta High Court Raps Police Over Vague Investigation Report In Case Of Missing Minor Girl
3 years, 1 month ago

Calcutta High Court Raps Police Over Vague Investigation Report In Case Of Missing Minor Girl

Live Law  

The Calcutta High Court on Thursday expressed displeasure at the manner in which the investigation is being carried out by police authorities of Kalna Police Station, Purba Bardhaman in a case pertaining to the disappearance of a minor girl in Kalna district of West Bengal. The Court was adjudicating upon a Habeas Corpus Plea moved by the parents of the …

[Missing CPM Worker] 'Investigation Is Progressing' : Kerala High Court Closes Wife's Habeas Corpus Plea
3 years, 2 months ago

[Missing CPM Worker] 'Investigation Is Progressing' : Kerala High Court Closes Wife's Habeas Corpus Plea

Live Law  

The Kerala High Court on Tuesday disposed of the habeas corpus plea moved by a CPM worker's wife alleging that her missing husband was abducted for reasons associated with the upcoming CPM branch election, recording that the investigation was progressing in the matter. A Division Bench comprising Justice K. Vinod Chandran and Justice C. Jayachandran closed the writ petition after …

Father Can't File Habeas Corpus Petition To Seek Child's Custody From Mother: Karnataka High Court Imposes 50K Cost
3 years, 2 months ago

Father Can't File Habeas Corpus Petition To Seek Child's Custody From Mother: Karnataka High Court Imposes 50K Cost

Live Law  

Observing that "Litigants and members of the Bar appear to have not understood the importance and seriousness of this extraordinary writ of Habeas Corpus," the Karnataka High Court recently dismissed a petition filed by a father seeking directions to produce his 2 year old girl before the court, who is in safe custody of her mother. Wife opposed the plea: …

Supreme Court Issues Notice To Malaysian High Commissioner In Woman's Habeas Corpus Plea To Trace Missing Husband
3 years, 2 months ago

Supreme Court Issues Notice To Malaysian High Commissioner In Woman's Habeas Corpus Plea To Trace Missing Husband

Live Law  

A Bench of Justices UU Lalit, S Ravindra Bhat, and Bela M Trivedi on Monday issued notice to the High Commissioner of Malaysia in a habeas corpus petition filed by a wife seeking to trace her husband who had gone to Malaysia for a job and has been missing since 2015. The Court was hearing a plea filed by one …

Interfaith Marriage- "Habeas Plea Not Maintainable On Apprehension Of Communal Tension": Allahabad HC Dismisses Girl's Father Plea
3 years, 4 months ago

Interfaith Marriage- "Habeas Plea Not Maintainable On Apprehension Of Communal Tension": Allahabad HC Dismisses Girl's Father Plea

Live Law  

The Allahabad High Court recently dismissed a habeas corpus plea filed by a father seeking the production of his daughter and a direction to set her free from the illegal detention of a man, a Hindu by religion.Taking into account the apprehension of the father regarding communal tension in the garb of a threat, if the alleged detenue is not …

Assertion That Corpus Is Abducted By Unknown Miscreants Isn't Sufficient To Invoke Habeas Corpus Writ: Madhya Pradesh High Court
3 years, 5 months ago

Assertion That Corpus Is Abducted By Unknown Miscreants Isn't Sufficient To Invoke Habeas Corpus Writ: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently ruled that only an assertion that the corpus has been abducted by some unknown miscreants, is not sufficient to seek issuance of a writ of habeas corpus.The Bench of Justice S. A. Dharmadhikari further held that the condition precedent for instituting a writ of habeas corpus is that the person for whose release, the …

Case Of Missing Person Sans Strong Suspicion Of Illegal Detention Can't Come Under Ambit Of Habeas Corpus Plea: Gauhati HC
3 years, 5 months ago

Case Of Missing Person Sans Strong Suspicion Of Illegal Detention Can't Come Under Ambit Of Habeas Corpus Plea: Gauhati HC

Live Law  

The Gauhati High Court recently held that missing person cases would not come within the ambit of a habeas corpus petition, but such cases are required to be registered under the regular provisions of the Indian Penal Code.The Bench of Justice Kalyan Rai Surana was hearing a habeas corpus plea filed by one Mamoni Kakoty praying for a direction. The …

Missing Of 82 Years Old Covid Patient From TB Hospital: UP Govt. Withdraws Plea Against Allahabad HC Order As HC Clarifies Its Previous Order
3 years, 6 months ago

Missing Of 82 Years Old Covid Patient From TB Hospital: UP Govt. Withdraws Plea Against Allahabad HC Order As HC Clarifies Its Previous Order

Live Law  

The Supreme Court today dismissed as withdrawn a special leave petition filed by State of Uttar Pradesh seeking stay against Allahabad High Court's order in which the High Court had sought details from Additional Chief Secretary, Medical Health and Family Welfare of the SOP/Plan prepared by the State Government for all levels of Hospitals i.e District Hospitals, Community Health Centres …

Missing Of 82Yr Old Man From TB Hospital- UP Govt. Moves Supreme Court Against Allahabad High Court Order In Habeas Plea
3 years, 6 months ago

Missing Of 82Yr Old Man From TB Hospital- UP Govt. Moves Supreme Court Against Allahabad High Court Order In Habeas Plea

Live Law  

State of Uttar Pradesh has approached Supreme Court seeking stay against Allahabad High Court's order in which the High Court had sought details from Additional Chief Secretary, Medical Health and Family Welfare of the SOP/Plan prepared by the State Government for all levels of Hospitals, i.e, District Hospitals, Community Health Centres and Primary Health Centres and status about the implementation …

"Habeas Plea Maintainability Not Opposed By State": Allahabad HC Directs Further Tracing Of Elderly COVID Patient Missing From Hospital
3 years, 6 months ago

"Habeas Plea Maintainability Not Opposed By State": Allahabad HC Directs Further Tracing Of Elderly COVID Patient Missing From Hospital

Live Law  

Dealing with the Habeas Corpus plea seeking the tracing of an 82-year-old COVID Patient who went missing from TB Sapru Hospital in Prayagraj, the Allahabad High Court on Wednesday directed for the further tracing of the corpus and observed that its primary concern in the instant plea was tracing of the corpus. Court's proceedings on September 13 Dealing with the …

Habeas Corpus Writ At Husband's Behest To Regain Wife Not Available As A Matter Of Course: Allahabad High Court
3 years, 7 months ago

Habeas Corpus Writ At Husband's Behest To Regain Wife Not Available As A Matter Of Course: Allahabad High Court

Live Law  

The Allahabad High Court last week observed that the remedy of the writ of habeas corpus at the instance of a Husband, seeking to obtain possession of his wife is not available as a matter of course. Dealing with the Husband's plea seeking production of his wife, the Bench of Justice Dr. Yogendra Kumar Srivastava observed thus: "In view of …

'Saddened & Dismayed', Kerala High Court On Media Reports In Habeas Corpus Case Suggesting Woman & Child Were In Custody Of Extremist Bodies
3 years, 8 months ago

'Saddened & Dismayed', Kerala High Court On Media Reports In Habeas Corpus Case Suggesting Woman & Child Were In Custody Of Extremist Bodies

Live Law  

The Kerala High Court on Wednesday expressed its disappointment with the media reports which stated that a woman and her child were in the custody of extremist bodies, after the Court had issued a notice on a Habeas Corpus plea of woman's husband. Thereafter, the Court had issued notice, which the Court noted that it usually does in petitions seeking …

IPS Officer Missing- A High Ranking Officer Having Gone Missing A Serious Issue: Allahabad High Court Seeks UP Govt's Response
3 years, 10 months ago

IPS Officer Missing- A High Ranking Officer Having Gone Missing A Serious Issue: Allahabad High Court Seeks UP Govt's Response

Live Law  

The Allahabad High Court on Thursday asked the Uttar Pradesh Government to file its reply in a habeas corpus writ petition seeking production of Mani Lal Patidar, an IPS officer claiming that he has been missing since November 2020.The Bench of Justice Manoj Misra and Justice Syed Aftab Husain Rizvi was hearing the petition filed by Dr. Mukut Nath Verma, …

82-Years Old Covid-19 Patient Missing From Prayagraj Hospital: Family Moves Habeas Corpus Plea Before Allahabad High Court
3 years, 10 months ago

82-Years Old Covid-19 Patient Missing From Prayagraj Hospital: Family Moves Habeas Corpus Plea Before Allahabad High Court

Live Law  

A Habeas Corpus Writ Petition has been filed before Allahabad High Court seeking release of an 82 years old man from the custody of TB Sapru Hospital in Prayagraj, where he was admitted for treatment of Covid-19 but purportedly went missing.The petition has been filed by one Raul Yadav through Advocates Anuj Saxena and Prakash Sharma, seeking release of his …

"Section 97 CrPC Has Become Dead Letter": Supreme Court Urges Habeas Corpus Petitioner To Take Recourse To S. 97 In Matter Of Illegal Detention Of Wife By Father
3 years, 10 months ago

"Section 97 CrPC Has Become Dead Letter": Supreme Court Urges Habeas Corpus Petitioner To Take Recourse To S. 97 In Matter Of Illegal Detention Of Wife By Father

Live Law  

The Supreme Court on Tuesday urged a petitioner, having filed a habeas corpus plea under Article 32 against the illegal detention of his wife by her father, to take recourse to section 97, Cr. It may be noted that the said section 97 provides that if any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to …

23 Years Delay In Listing A Habeas Corpus Petition: Calcutta High Court Moots Proceedings For Misconduct Against Errant Officers
4 years, 3 months ago

23 Years Delay In Listing A Habeas Corpus Petition: Calcutta High Court Moots Proceedings For Misconduct Against Errant Officers

Live Law  

The Calcutta High Court on Friday expressed strong displeasure over its Registry for failure to list a habeas corpus petition filed in the year 1997, for as many as 23 years, despite explicit directions to list the matter after three months. When matters are not listed by the office of the High Court in spite of judicial orders, it may, …

The Supreme Court sets at naught the solemn guarantee of the writ of habeas corpus
4 years, 3 months ago

The Supreme Court sets at naught the solemn guarantee of the writ of habeas corpus

The Hindu  

I F Justice Dhananjai Chandrachud imagined that the ornate, florid prose in his judgment in Arnab Goswami’s case would win him plaudits, the flurry of editorials criticising it must have disillusioned him, especially the criticism that followed another case which came soon after, exposing double standards. Yogi has bought whole pages of expensive The very next day, on October 6, …

Discouraging Article 32 Habeas Corpus Petitions – The Legal Basis
4 years, 4 months ago

Discouraging Article 32 Habeas Corpus Petitions – The Legal Basis

Live Law  

Observations by a bench of the Supreme Court headed by the Chief Justice of India while hearing a habeas corpus writ petition under Article 32 of the Constitution that the court is trying to discourage Article 32 Petitions - has understandably received coverage critical of the judicial attitude of the court. The court's observations ostensibly come from passage in Union …

Allahabad HC Junks Habeas Corpus Petition Filed by Hathras Rape Victim's Family
4 years, 5 months ago

Allahabad HC Junks Habeas Corpus Petition Filed by Hathras Rape Victim's Family

News 18  

The Allahabad High Court on Thursday dismissed a habeas corpus petition filed by a Valmiki community organisation seeking production before of the family members of the alleged gang-rape victim of Hathras before it. A bench of justices Pritinker Diwaker and Prakash Padia dismissed the petition by Akhil Bharatiya Valmiki Mahapanchayat saying it would be against the judicial propriety to take …

[Breaking] Allahabad HC Dismisses Habeas Corpus Plea Against Alleged Detention Of Hathras Victim's Family; Grants Liberty To Move SC [Read Order]
4 years, 5 months ago

[Breaking] Allahabad HC Dismisses Habeas Corpus Plea Against Alleged Detention Of Hathras Victim's Family; Grants Liberty To Move SC [Read Order]

Live Law  

The Allahabad High Court on Thursday dismissed the habeas corpus writ petition filed on behalf of the Hathras victim's family against alleged illegal detention by the UP Government. In the aforesaid facts and circumstances of the case, judicial propriety demands that it will not be proper for this Court to entertain the present petition on merits, especially when security has …

[Breaking] Hathras Victim's Family Moves Allahabad HC Seeking Release From Alleged Illegal Detention Of UP Police
4 years, 5 months ago

[Breaking] Hathras Victim's Family Moves Allahabad HC Seeking Release From Alleged Illegal Detention Of UP Police

Live Law  

The family of the victim in the Hathras case has moved a habeas corpus petition in the Allahabad High Court against alleged illegal detention by the UP Government. The Allahabad High Court has taken suo moto cognizance of the matter and has decided to examine whether the economic and social status of the deceased's family was taken advantage of by …

Allahabad HC Adjourns Dr. Kafeel Khan's Habeas Corpus Plea to August 24 For Final Hearing And Disposal [Read Order]
4 years, 7 months ago

Allahabad HC Adjourns Dr. Kafeel Khan's Habeas Corpus Plea to August 24 For Final Hearing And Disposal [Read Order]

Live Law  

The Allahabad High Court has fixed the Habeas Corpus plea filed against alleged illegal detention of Dr. Kafeel Khan, for final disposal on August 24, 2020. The order has come after the Supreme Court last week directed High Court to expeditiously dispose of Khan's habeas corpus plea, who has been in detention at Mathura Jail since 29th January, 2020. SC …

Discover Related