Articles for Interim Custody

[NDPS Act] Trial Court Can Order Release Of Seized Vehicle From Interim Custody Till Disposal Of Main Case: Karnataka HC
5 months ago

[NDPS Act] Trial Court Can Order Release Of Seized Vehicle From Interim Custody Till Disposal Of Main Case: Karnataka HC

Live Law  

The Karnataka High Court has clarified that the trial court has the power to release the vehicle from interim custody, under Section 451, 457 of the Criminal Procedure Code, till disposal of the main case registered under provisions of the Narcotics Drugs and Psychotropics Substances Act. But, in view of the fresh notification issued by the Central Government dated 23.12.2022, …

Karnataka Court Trial Court Power Custody Central Release
Stringent Conditions Must Be Imposed Before Releasing Vehicles Seized For Dumping Waste On Public Property: Kerala High Court
5 months ago

Stringent Conditions Must Be Imposed Before Releasing Vehicles Seized For Dumping Waste On Public Property: Kerala High Court

Live Law  

The Kerala High Court has directed that stringent conditions, at least in the form of a bank guarantee must be imposed while directing the release of vehicles dumping waste onto public property. Justice Bechu Kurian Thomas ordered thus: “…This Court is of the view that stringent conditions in the form of at least furnishing of a bank guarantee should be …

Court Public Property Conditions Public Waste Release Dumping
Special Court Can Invoke S.457 CrPC To Grant Of Interim Custody Of Vehicles Seized Under NDPS Act: Kerala High Court
10 months, 2 weeks ago

Special Court Can Invoke S.457 CrPC To Grant Of Interim Custody Of Vehicles Seized Under NDPS Act: Kerala High Court

Live Law  

The Kerala High Court has stated that a Special Court under the NDPS Act can grant interim custody under Section 457 of the CrPC of vehicles that have been seized under the Narcotic Drugs and Psychotropic Substances Act.“Leaving the seized vehicle idle and exposed to sun, rain and the vagaries of nature till the completion of the legal formalities, will …

Court Kerala High Court Act Special Grant Interim Crpc
S.52A NDPS Act Not Bar To Grant Interim Custody Of Seized Vehicles U/S 457 CrPC: Kerala High Court
1 year, 10 months ago

S.52A NDPS Act Not Bar To Grant Interim Custody Of Seized Vehicles U/S 457 CrPC: Kerala High Court

Live Law  

The Kerala High Court on Monday held that jurisdictional courts, such as the Special Court and Magistrate Court, are vested with the power to grant interim custody of vehicles seized in connection with offences under the Narcotic Drugs and Psychotropic Substances Act under Section 457 CrPC, irrespective of the procedure for disposal stipulated in Section 52A of the Act.Justice V.G. …

Kerala High Court Court Vehicles Kerala High Court Power Courts
NDPS Act: All India High Court Cases 2022
1 year, 11 months ago

NDPS Act: All India High Court Cases 2022

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. S. 37 NDPS Act | Regular Bail For Possession Of 'Ganja' Can Be Granted If It Is Not Of Commercial Quantity: Andhra Pradesh High Court Case Title: BIKKA PARVATHI Versus STATE REPRESENTED BY THE PUBLIC PROSECUTOR Citation: 2022 LiveLaw 18 The Andhra Pradesh High …

India Delhi High Court Public Prosecutor Bail Bombay High Court Natural Justice
‘Other Family Members Can't Take Place Of Father, Mother’: P&H HC Upholds 3-Yr Old’s Interim Custody To Mother, Says Father May Not Have Ample Time
2 years ago

‘Other Family Members Can't Take Place Of Father, Mother’: P&H HC Upholds 3-Yr Old’s Interim Custody To Mother, Says Father May Not Have Ample Time

Live Law  

Upholding the grant of interim custody of a minor son to his mother, the Punjab and Haryana High Court recently observed that extended family members of the child can never take place of either the father or the mother, when it comes to taking care of the minor.The court was commenting on the father's argument that his parents and other …

Family Court Custody Mother Members Father Interim
Allahabad High Court Quarterly Digest: July To September 2022 [Citations 307 - 454]
2 years, 3 months ago

Allahabad High Court Quarterly Digest: July To September 2022 [Citations 307 - 454]

Live Law  

NOMINAL INDEX Anwar Ali v. State Of UP And Another 2022 LiveLaw 307 Zamanat Abbas v. Union Of India Thru. v. Baij Nath And Others Case Citation: 2022 LiveLaw 316 The Allahabad High Court recently observed that the Court shall take utmost precaution in finding the accused guilty only on the basis of circumstantial evidence. Anticipatory Bail Plea Maintainable If …

India Home Justice High Court Higher Education Court Uttar Pradesh
Allahabad High Court Monthly Digest: August 2022 [Citations 349 - 406]
2 years, 4 months ago

Allahabad High Court Monthly Digest: August 2022 [Citations 349 - 406]

Live Law  

NOMINAL INDEX Kusum Lata Yadav v. State Of U.P. Section 106 Evidence Act Doesn't Absolve Prosecution Of Discharging Duty To Prove Case Beyond Reasonable Doubt: Allahabad HC Case title - Raj Kishore @ Pappu v. State of U.P Citation: 2022 LiveLaw 366 The Allahabad High Court has observed that in absence of cogent evidence that the Murder accused was in …

Justice Court Uttar Pradesh Compassionate Appointment Natural Justice Title Lucknow
S.63 NDPS Act Does Not Bar Owner Of Seized Vehicle To Seek Interim Custody After Expiry Of 30 Days From Date Of Seizure: Tripura High Court
2 years, 5 months ago

S.63 NDPS Act Does Not Bar Owner Of Seized Vehicle To Seek Interim Custody After Expiry Of 30 Days From Date Of Seizure: Tripura High Court

Live Law  

The Tripura High Court has made it clear that Section 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not bar the owner of a vehicle seized in raid to make an application seeking interim custody/ bail of his vehicle after expiry of thirty days from the date of seizure. Justice Arindam Lodh observed: " What the court …

High Court Order Month Date Vehicle Expiry 30 Days
No Bar On Granting Interim Custody Of The Vehicle Seized For Commission Of Offence Under NDPS Act: MP High Court
2 years, 11 months ago

No Bar On Granting Interim Custody Of The Vehicle Seized For Commission Of Offence Under NDPS Act: MP High Court

Live Law  

The Madhya Pradesh High Court has said that merely on the ground that the vehicle is liable to confiscation under Section 60 of the NDPS Act, it cannot be held that once the vehicle is seized for the commission of offence under the NDPS Act, interim custody cannot be granted.The Bench of Justice Deepak Kumar Agarwal further observed that the …

Court Custody Commission Vehicle Act Offence Ndps Act
Are Orders U/S 12 Of Guardians & Wards Act Appealable U/S 19 Of Family Courts Act? Delhi HC Refers Question To Larger Bench
3 years, 2 months ago

Are Orders U/S 12 Of Guardians & Wards Act Appealable U/S 19 Of Family Courts Act? Delhi HC Refers Question To Larger Bench

Live Law  

The Delhi High Court has referred to the larger bench the question as to whether an order passed under Section 12 of the Guardians and Wards Act, or any order dealing with aspects of visitation and custody during the pendency of proceedings, would be appealable under Section 19 of the Family Courts Act.Justice Vipin Sanghi and Justice Jasmeet Singh was …

Family Court Visitation Custody Child Order Act
"Her Behavior Does Not Appear To Be Normal In First Blush": Delhi High Court Grants Interim Custody Of Woman To Father In 498A Case
3 years, 6 months ago

"Her Behavior Does Not Appear To Be Normal In First Blush": Delhi High Court Grants Interim Custody Of Woman To Father In 498A Case

Live Law  

Dealing with a habeas corpus petition, the Delhi High Court has granted interim custody of a woman to her father who had suffered partial loss of memory and speech after she was allegedly mentally and physically tortured by her husband and in laws, after observing that her behavior does not appear to be normal in first blush. A division bench …

Court Video Conferencing Delhi High Court Mental Fir Woman His Wife
Delhi High Court Grants Interim Custody Bail To Asif Iqbal Tanha For Preparation And Writing Final Year BA Programme
3 years, 7 months ago

Delhi High Court Grants Interim Custody Bail To Asif Iqbal Tanha For Preparation And Writing Final Year BA Programme

Live Law  

The Delhi High Court has granted interim custody bail to Asif Iqbal Tanha, facing trial in the Delhi Riots larger conspiracy case, enabling him to sit for his three backlog examinations to complete his BA Programme.A division bench comprising of Justice Siddharth Mridul and Justice Anup J. Bhambhani granted 14 days interim custody bail to Tanha subject to the conditions …

Delhi Court Bail Mobile Mobile Phone Delhi High Court Computer
Coronavirus | Christian Michel moves Delhi HC seeking interim bail in AgustaWestland case citing risk in jail
4 years, 9 months ago

Coronavirus | Christian Michel moves Delhi HC seeking interim bail in AgustaWestland case citing risk in jail

The Hindu  

Christian Michel James, the alleged middleman arrested in connection with the AgustaWestland VVIP chopper scam, on Thursday moved the Delhi High Court seeking interim bail, saying he was ill and susceptible to contracting coronavirus in the Tihar Jail. Mr. James, in his petition, said he was 59-year-old and ill. “The agedness and a pre-existing ill state of health will make …

Michel Interim Bail
Not 'Statutory Rights Of Parents', But Welfare Of The Minor Paramount Consideration In Custody Battles: Karnataka [Read Order]
6 years ago

Not 'Statutory Rights Of Parents', But Welfare Of The Minor Paramount Consideration In Custody Battles: Karnataka [Read Order]

Live Law  

While granting interim custody of a ten-year-old girl child to her father, the Karnataka High Court recently observed that it is not the "statutory rights of the parents" but the welfare of the child that needs to be given paramount consideration by courts while considering grant of custody. Justice B. Veerappa observed, "The provisions of Sections 7,9,12, 13, 17 and …

India Canada Court Child Act Father Girl