Search Results for Tag : Custody
Top Story
High Court laments quality of civilisation in custodial death(20.10.2015)
“…quality of a nation’s civilization can be largely measured by the methods it uses in enforcing criminal law”, opined the High Court, in determining .....
Tags : Custody, death, court, ineffective, riot
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International Cases
If the Court hearing a restriction order application finds that the offender is a high risk serious offender, the Court must make a continuing detention order(26.11.2022)
In facts of present case, on 23 November 2021, the State of Western Australia applied for orders under the High Risk Serious Offenders Act, 2020 (HRSO.....
Tags : High risk, Custody, Detention
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A custody order must not be made unless the alleged offence is punishable by imprisonment and the judge is satisfied that, such an order is appropriate(27.09.2017)
In facts of present case, The charges against Accused are that, he attempted to unlawfully kill his wife contrary to Section 283(1) of the Criminal Co.....
Tags : Trial, Mental fitness, Custody order
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Power under Article 4(1) of the 1972 Order should be exercised by the Secretary of State personally(13.05.2020)
In present case, an interim custody order (ICO) was made in respect of the Appellant on 21 July 1973. The order was signed by a Minister of State in t.....
Tags : Detention, Lawful custody, Legality
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Issues once decided cannot be repeatedly re-ventilated and reconsidered(08.11.2016)
In present case, application by birth mother that, decision which was reached by Honorable Judge Singleton QC in August 2015 as to with whom this chil.....
Tags : Child, Custody, Application
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Blast from the Past
No bail for those behind money circulation schemes(23.09.2003)
Ponzi schemes have the benefit of being complex in implementation, but easy in description. Such was one scheme run by ‘Job Work Com. Private Limited’.....
Tags : Pyramid scheme, bail, custody
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Notifications & Circulars
Review of Annual Custody / Issuer Charges(09.12.2015)
The Securities and Exchange Board of India has enhanced custody/issuer charged to be collected by depositories from issuers. Per folio charge has been.....
Tags : SEBI, Custody, issuer, charges, increase
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Judgments
Plea of juvenility could be taken up by an accused at any stage of proceedings, even after disposal of case from Supreme Court(24.05.2017)
Appellant was convicted under Sections 392 and 34 of Indian Penal Code, 1860 (IPC) and was sentenced to undergo RI for seven years, fine of Rs. 5000/-.....
Tags : Juvenility, Plea, custody, Release
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Order of confiscation can only be challenged, when it reaches it's finality(17.04.2017)
Instant petition is against order passed by Collector, wherein an application for interim custody of vehicle preferred by Petitioner while proceeding .....
Tags : Vehicle, Release, Interim custody
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Mere passage of time cannot be a ground for grant of bail under NDPS Act(31.10.2022)
The present bail application has been filed by the Petitioner seeking regular bail in FIR under Sections 21/29/61/85 of the Narcotic Drugs and Psychot.....
Tags : Judicial custody, Bail, Grant
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Compensation for youth tortured in police custody(21.09.2015)
In a case where the police illegally detained and tortured a young man who had applied for a position as a constable in the Indo-Tibetan Border Police.....
Tags : Police, custody, torture, compensation
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News
SC Grants Custody of Child to Hindu Adoptive Father Against Biological Mother(02.03.2016)
Supreme Court, while giving priority to welfare of the child, has passed custody of him to his Hindu adoptive father by disposing a petition filed by .....
Tags : Custody of Child , SC
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Supreme Court: Religion Not The Only Norm for Custody of Child(30.01.2018)
Supreme Court, while refusing to intervene with the custodial rights granted to a maternal grandmother of a 9-year-old girl whose father is facing the.....
Tags : Supreme Court, Custody, Child
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Madras HC Permits Man to Keep Custody of an Elephant Not Having Transfer Certificate(04.01.2021)
Madras High Court has permitted a man to keep the custody of an elephant even though he was not having the requisite transfer certificate under the Wi.....
Tags : Madras High Court, Custody of Elephant
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Allahabad HC: Entering into New Relationship Without Divorce Not to Deprive from Custody(04.01.2021)
Allahabad High Court has observed that the fact that the mother enters into a new relationship allegedly without obtaining divorce from her husband, m.....
Tags : Allahabad High Court, Custody of Child
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J&K HC: Accused Cannot be Kept in Custody Merely Because Accusation of Serious Nature(05.01.2021)
Jammu and Kashmir High Court has made it clear that an accused cannot be kept in custody merely for the reason that the offence alleged to have commit.....
Tags : Jammu and Kashmir High Court, Custody of Accused
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Allahabad HC Seeks Response in Habeas Corpus Petition Against Custody of 3 Persons(07.01.2021)
Allahabad High Court has directed the Central and the State Government to file their counter-affidavits in a Habeas Corpus petition filed by 3 alleged.....
Tags : Allahabad High Court, Custody of 3 Persons
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Supreme Court of Canada: Children’s Interests Must Be Weighed in International Custody Cases(23.04.2018)
Supreme Court of Canada has held that in dealing with international child custody and abduction cases, Courts must look beyond parental intent and con.....
Tags : Supreme Court, Custody, Children
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Karnataka High Court: Weak Financial Status 'No Ground' to Deny Child's Custody to Mother(01.05.2018)
Karnataka High Court has asserted that an ATM cannot be considered a substitute for a mother, and rejected weak financial status as a parameter to den.....
Tags : Karnataka High Court, Child’s Custody
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Supreme Court: No Jail/Custody of Minor Protestors(13.02.2020)
Supreme Court has said that no child in conflict with law can either be held in police custody or jailed, let alone be tortured, speaking up for the m.....
Tags : Supreme Court, Custody or Jail for Minor Protestors
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Delhi HC Seeks Union Response in Alleged Bookie Sanjeev Chawla's Plea Against Police Custody(17.02.2020)
Delhi High Court has directed the Union Government to file a status report in a plea moved by alleged cricket bookie, Sanjeev Chawla seeking quashing .....
Tags : Delhi High Court, Sanjeev Chawla, Plea Against Police Custody
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Bombay HC Directs Grandmother to Hand Over Custody of Grandchild to Parents(05.03.2021)
Bombay High Court has directed a woman to immediately hand over custody of her 12-year-old grandchild to the child’s parents. The Court has held that .....
Tags : Bombay High Court, Custody of Child
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P&H HC: No Inherent Right Vested in Husband to Claim Custody of Minor Girl(15.03.2021)
Punjab and Haryana High Court has held that a minor girl who marries with her consent and refuses to stay with her parents, can be sent to child prote.....
Tags : Punjab and Haryana High Court, Custody of Minor Girl
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Issue Of Welfare Of Child Has Paramount Significance: Supreme Court(08.12.2017)
SC, while setting aside a HC judgment, which had directed a father to handover the custody of the child to its mother, has observed that issue of welf.....
Tags : Supreme Court, Custody
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Supreme Court Seeks Centre's Response on PIL Challenging Child Custody Laws(15.11.2019)
Supreme Court has asked the Centre to respond to a petition that tests the validity of laws governing child custody and guardianship. The public inter.....
Tags : Supreme Court, Custody
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Delhi HC: Separate Custody Parole Orders Not Required for Different Cases(28.12.2020)
Delhi High Court has made it clear that once a prisoner obtains custody parole in a particular case, he does not need to procure separate custody paro.....
Tags : Delhi High Court, Custody Parole
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Delhi HC Issues Directions to Ensure Custody of Undertrial Prisoner Not Extended Mechanically(20.10.2021)
Delhi High Court has issued slew of directions to ensure that the custody of an undertrial is not extended mechanically in view of sec. 167(2) of the .....
Tags : Delhi High Court, Custody of Undertrial Prisoner
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Delhi Court: Alt News Co-Founder Mohommed Zubair Remanded To One Day Police Custody(28.06.2022)
Delhi Court has remanded Co-Founder of Alt News Mohammed Zubair to one day police custody, after he was arrested by the Delhi Police for allegedly hur.....
Tags : Delhi Court, Police Custody, Hurting Religious Sentiments
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Bombay HC Suggests Family Courts to be Sympathetic While Deciding on Custody of Child(21.01.2016)
Bombay HC has suggested that family courts have to sympathetically consider the financial, physical, mental stress while awarding custody of child to .....
Tags : Bombay HC, Custody of Child
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SC: In Transnational Custody Cases, 'Mirror Orders' from Foreign Courts Ensure Welfare of Minor(30.10.2020)
Supreme Court has applied the concept of 'mirror order' in a case involving transnational custody of a child. When a Court allows the shifting of a ch.....
Tags : Supreme Court, Transnational Custody Cases
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SC: Court Can Consider Preferences of Minor in Parental Custody(02.11.2020)
Supreme Court has stated that as per Section 17(3) of the Guardian and Wards Act, 1890, the Court can consider the preferences of the minor if he/she .....
Tags : Supreme Court, Preference of Minor, Parental Custody
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P&H HC: Writ of Habeas Corpus Can be Issued for Restoration of Custody of Minor to the Parent(02.09.2021)
Punjab & Haryana High Court has granted relief to a father who had filed a petition alleging illegal custody by his wife and her parents, holding that.....
Tags : Punjab and Haryana High Court, Restoration of Custody of Minor to the Parent
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J&K&L HC: Detaining Authority Must Show Compelling Reasons for Preventive Detention(23.08.2022)
Jammu and Kashmir and Ladakh High Court has held that preventive detention orders can be passed even when a person is in police custody. However the c.....
Tags : Jammu and Kashmir and Ladakh High Court, Preventive Detention, Police Custody
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Allahabad HC Orders Release of Muslim Woman Who Married Hindu Man from Custody of Her Father(12.10.2020)
Allahabad High Court has directed the Senior Superintendent of Police, Kanpur Nagar, to take out a girl named Shikha alias Sheeba, a muslim woman who .....
Tags : Allahabad High Court, Release of Muslim Woman from Custody of Father
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MP HC: If Detenu is in Custody at Time of Passing Detention Order, Necessary for Authority to Mention(30.07.2021)
Madhya Pradesh High Court has held that if a detenu is in custody at the time of passing the detention order, then it is necessary for the Detaining A.....
Tags : Madhya Pradesh High Court, Detenu in Custody
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Kerala HC Directs Palakkad Tahsildar to Hand Over Custody of Buffaloes to PFA(02.08.2021)
Kerala High Court has directed the Palakkad tahsildar to hand over the buffaloes kept in the custody of the municipality to an authorised representati.....
Tags : Kerala High Court, Custody of Buffaloes to PFA
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Madras HC: Delay in Custody Cases May Result in Persistent Harassment of Minors(30.05.2022)
Madras High Court has held that matters of custody of children have to be expeditiously decided by the courts. If the decision of the court is delayed.....
Tags : Madras High Court, Custody, Harassment, Minor
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Pat. HC: Child Custody Matters Can be Altered With Respect to Needs of Child Under Sec. 26 of HMA(18.05.2023)
Patna High Court while observing that child custody matters can be altered keeping in mind needs of child, has stated that under Section 26 of Hindu M.....
Tags : Patna High Court, Child Custody, Hindu Marriage Act
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Madras HC Rejects Habeas Corpus Petition of Woman Claiming Child’s Custody(30.11.2016)
Madras HC, while slamming parents of 14 year old girl, who was abandoned by her father soon after her birth, for laying a claim over her, has ordered .....
Tags : Madras HC, Habeas Corpus, Child’s Custody
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Allahabad HC Dismisses Paternal Grandparent's Habeas Corpus Plea Seeking Child's Custody(25.10.2021)
Allahabad High Court has dismissed the habeas corpus petition of paternal grandparents, seeking the custody of a minor girl child aged about 3 years, .....
Tags : Allahabad High Court, Custody of Child
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Madras HC: Marriage Not Only for Carnal Pleasure, But for Progeneration(20.09.2022)
Madras High Court while dealing with estranged couple in a case pertaining to custody of child, has observed that marriage is not for mere satisfying .....
Tags : Madras High Court, Marriage, Custody
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SC Refuses To Entertain Plea to Suspend Ministers if They Spend More Than 2 Days in Custody(27.09.2022)
Supreme Court while refusing to entertain petition seeking direction that a Minister should be temporarily debarred from holding office if they spend .....
Tags : Supreme Court, Minister, Judicial Custody
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Tel. HC: Elders in the House Can’t Decide Custody of Child(25.09.2023)
Telangana High Court while observing that in custody matters, welfare of the minor child is the paramount consideration, has held that elders cannot d.....
Tags : Telangana High Court, Custody, Child, Elders
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Karnataka HC: Ex-Parte Order of German Court Granting Custody to Mother Not Acceptable(03.10.2023)
Karnataka High Court while refusing to accept an ex-parte order passed by a court in Germany, granting custody of a 9 year old child to his mother who.....
Tags : Karnataka High Court, Custody, Ex-Parte Order
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Karnataka HC: Once Police Invokes UAPA Act, Magistrate Cannot Extend Custody Beyond 90 Days(13.09.2021)
Karnataka High Court has held that once the police invoke Unlawful Activities (Prevention) Act, 1967, the Magistrate court has no power to extend cust.....
Tags : Karnataka High Court, Extension of Custody
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Kar. HC: Second Stint of Police Custody Not Allowed(01.08.2023)
Karnataka High Court while relying on CBI v. Anupam J. Kulkarni (MANU/SC/0335/1992), has held illegal, a second stint of Police custody for interrogat.....
Tags : Karnataka High Court, Police Custody, Judicial Custody
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SC Dismisses Senthil Balaji's Plea Challenging ED Custody in PMLA Case(07.08.2023)
Supreme Court has dismissed plea filed by Tamil Nadu Minister Senthil Balaji challenging the custody by the Enforcement Directorate in the money laund.....
Tags : Supreme Court, Senthil Balaji, ED Custody, PMLA
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Delhi HC Orders Protection for Victim's Wife, Father-in-Law in 'Custody' Death Case(19.10.2015)
Delhi HC while hearing a plea by victim’s family demanding an SIT investigation into his death, has ordered police to ensure protection to wife and fa.....
Tags : Delhi HC, 'Custody' Death Case
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Delhi HC Says, “Custody Death, a Naked Violation of Human Dignity”(21.10.2015)
Delhi HC on plea filed by family of victim, Shahnawaz Chaudhary who died in police custody, has termed custodial torture a "naked violation of human d.....
Tags : Delhi HC , Custody Death
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Delhi Court: Delhi Minister Satyendar Jain Sent to 14 Days Judicial Custody(13.06.2022)
Delhi Court has sent Aam Aadmi Party Minister Satyendar Jain to 14 days judicial custody in connection with a money laundering case being probed by th.....
Tags : Delhi Court, Judicial Custody, ED
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Madras HC: Courts Should Allow Parties to Let in Evidence in Guardianship Matters(21.06.2022)
Madras High Court while allowing appeal by a father seeking custody of his minor child, has held that while deciding the original petition to appoint .....
Tags : Madras High Court, Custody, Guardianship, Evidence
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Supreme Court Stays High Court Proceedings Against Cadila Pharma CEO in Child Custody Case(16.12.2019)
Supreme Court has stayed the proceedings before the Bombay High Court against Rajiv Modi, Chairman and CEO of Cadila Pharmaceuticals, on a petition fi.....
Tags : Supreme Court, Child Custody
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Delhi HC Takes Cognizance to Facilitate School Admission of Child Whose Parents Are in Custody(08.08.2022)
Delhi High Court has taken suo motu cognizance to facilitate admission of an 8 year old child to school which could not be facilitated for the reason .....
Tags : Delhi High Court, School Admission, Murder Case, Custody
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Tel. HC: Indian Courts Must Independently Examine Foreign Court Judgments on Child Custody(14.09.2023)
Telangana High Court has held that while dealing with custody matters of children of foreign nationality, a competent court in India is entitled and i.....
Tags : Telangana High Court, Child Custody, Foreign Court
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P&H HC: State Must Ensure Proper Care to Person in Custody who has Suicidal Tendencies(19.09.2023)
Punjab and Haryana High Court has held that it is the duty of the State to ensure that sufficient care has been extended towards person in custody who.....
Tags : Punjab and Haryana High Court, Suicidal Tendencies, Custody
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Delhi HC Directs CBI Inquiry in Nand Nagri Custody Death Case(04.12.2015)
Delhi High Court has transferred Nand Nagri custody death case to CBI, while taking a serious view of failure on part of Special Investigation Team of.....
Tags : Delhi High Court, Nand Nagri custody death case
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Madras HC Rules in Favour of Original Jurisdiction of HC for Hearing Child Custody Cases(02.09.2022)
Madras High Court full bench has with a 3:2 majority ruled in favor of original jurisdiction of high court for hearing the child custody and guardians.....
Tags : Madras High Court, Original Jurisdiction, Child Custody
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Calcutta HC Grants Bail To NDPS Accused, Orders Enquiry & Preservation of CCTV Footage(18.05.2022)
Calcutta High Court in a case of Custodial torture, has granted bail to an accused against whom proceedings under the Narcotic Drugs and Psychotropic .....
Tags : Calcutta High Court, Custodial torture, Narcotic Drugs and Psychotropic Substances Act, 1985, custody
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SC Grants Bail to Indrani Mukerjea in Sheena Bora Murder Case(18.05.2022)
Supreme Court has granted bail to Indrani Mukerjea, after being in judicial custody for 6.5 years, who is the prime accused in the Sheena Bora murder .....
Tags : Custody, Supreme Court, Bail, Indrani Mukerjea, Sheena Bora, 6.5 years
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Delhi HC: Trial Court has Power to Modify Orders of Custody & Disposal of Property Pending Trial(20.05.2022)
Delhi High Court has held that the Trial Court has power to modify orders of custody and disposal of property pending trial under Sec. 451 of the Code.....
Tags : Delhi High Court, Trial, Custody, Disposal of Property
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JKL HC: Prosecution Must Prove Safe Custody of Contraband Upon Seizure to Avoid Acquittal(27.06.2023)
Jammu and Kashmir and Ladakh High Court while observing that Section 55 of NDPS is enacted to ensure police keep alleged contraband in safe custody to.....
Tags : Jammu and Kashmir and Ladakh High Court, NDPS, Safe Custody
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Bombay High Court: Mere Desire of Child Not Sole Factor to Decide Custody(30.08.2024)
Bom. HC has stated that mere desire of a child at a tender age is not a sole factor to be considered for taking decision in respect of the custody. Th.....
Tags : Bombay High Court, Custody, Tender Age
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SC: Civil Courts or Family Courts Are In Better Position to Deal With Child Custody Cases(09.09.2024)
SC has observed that Civil/Family Court dealing with child custody cases is in advantageous position. A child can be brought to play centre, where jud.....
Tags : Supreme Court, Child Custody, Family Courts
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SC Quashes FIR Against Father For Taking Away Son From Mother's Custody(26.08.2022)
Supreme Court while quashing First Information Report which was registered against a father for secretly taking away his son from his mother's custody.....
Tags : Supreme Court, FIR, Child Custody
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Ker. HC: Seized Property Shouldn’t Remain in Custody Longer than Necessary(28.08.2023)
Kerala High Court has held that where the property, which has been the subject matter of an offence, is seized by the police, it ought not to be retai.....
Tags : Kerala High Court, Seized Property, Custody
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CWC can't Usurp Family Court's Jurisdiction in Child Custody Matters: Karnataka HC(15.02.2019)
Karnataka High Court has observed that Child Welfare Committee (CWC) cannot usurp the jurisdiction of Family Courts in child custody matters pending b.....
Tags : Karnataka High Court, Child Custody Matters
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Ker HC: Bail Can't be Denied Only Because Accused Was Earlier Released on Bail by Incompetent Court(07.09.2022)
Kerala High Court while granting bail to a man accused electrocuting his wife to death has held that merely because he was earlier released on bail by.....
Tags : Kerala High Court, Bail, Custody
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CIVIL - Heart Wrenching to See Children Suffering in Custody Battle Between Parents: SC(18.03.2019)
Supreme Court, while delivering a judgment in yet another custody battle between parents, has expressed concern about children, and observed it is hea.....
Tags : Supreme Court, Children Suffering in Custody Battle
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FAMILY - Heart Wrenching to See Children Suffering in Custody Battle Between Parents: SC(18.03.2019)
Supreme Court, while delivering a judgment in yet another custody battle between parents, has expressed concern about children, and observed it is hea.....
Tags : Supreme Court, Children Suffering in Custody Battle
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Calcutta HC Grants Custody of 4-Yr-Old Girl to Deceased Mother's Friend Over Biological Father(13.12.2021)
Calcutta High Court has refused to grant custody of a four and a half years old girl child to her biological father and instead permitted the child to.....
Tags : Calcutta High Court, Custody of 4-Yr-Old Girl to Deceased Mother's Friend
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Morbi Court Sends 4 Accused to Police Custody Till Nov 5 in Morbi Bridge Collapse Case(03.11.2022)
Morbi Court while sending four accused to 5-day police custody in connection with the October 30 Morbi Bridge Collapse incident has observed that alle.....
Tags : Morbi Court, Bridge Collapse, Police Custody
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SC Grants Custody of Daughter to Polish Mother(23.08.2016)
SC has directed a boarding school in Himachal Pradesh to hand over custody of a 10-year-old Polish child to her mother (Polish National), four years a.....
Tags : SC , Custody
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J&K&L HC: Pre-Arrest Bail Not Maintainable by Person Already Under Constructive Custody(18.07.2022)
Jammu & Kashmir & Ladakh High Court has held that a person released on bail is already construed to be the in constructive custody and if the law requ.....
Tags : Jammu & Kashmir & Ladakh High Court, Constructive Custody, Bail
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SC: Object of Plea for Child's Custody is to Determine in Whose Custody Best Interest of Child Lies(18.07.2022)
Supreme Court has held that in petition seeking writ of habeas corpus in matter relating to custody of child, the Court exercises an inherent jurisdic.....
Tags : Supreme Court, Child Custody, Welfare, Inherent Jurisdiction
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FAMILY - Father in live-in Relation can’t Get Child’s Custody: Punjab and Haryana HC(11.03.2019)
Punjab and Haryana High Court has held that if custody of a child is granted to a person in a “livein” relationship without dissolution of previous ma.....
Tags : Punjab and Haryana High Court, Live in Relationship, Child's Custody
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Supreme Court Says Parents Denied Custody Should be Allowed to Talk to Child Daily(21.01.2020)
Supreme Court has said that where both parents are estranged and locked in a matrimonial dispute, the parent who has been denied the custody of the ch.....
Tags : Supreme Court, Parent Denied Custody
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Madras High Court Returns Custody of Child to Adoptive Mother(29.11.2021)
Madras High Court has set aside an order of the Child Welfare Committee to lodge a child in one of the reception homes in a custody battle between the.....
Tags : Madras High Court, Custody of Child
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DGFT Issues Advisory on Safe Custody of Digital Tokens, Documents, Scrips(30.11.2021)
Director-General of Foreign Trade (DGFT) has issued the Advisory on safe custody of digital tokens, documents, scrips, etc. Under the revamped online.....
Tags : Director-General of Foreign Trade, Safe Custody of Digital Tokens, Documents, Scrips
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All. HC: Muslim Woman Entitled to Custody of Child Until he Attains 7 Years of Age(15.12.2023)
Allahabad High Court has held that as per the Mohammedan Law, a mother a entitled to the custody of a male child until he completes the age of 7 years.....
Tags : Allahabad High Court, Muslim Woman, Custody, Child
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Kerala HC Dismisses Plea by Man for Release of 21-Year Old from Parent’s Custody(22.01.2021)
Kerala High Court has dismissed a habeas corpus petition filed by a man claiming to be a 'spiritual guru' seeking release of a 21-year old woman, who .....
Tags : Kerala High Court, Parent’s Custody
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MP HC Suspends Gang Rape Convict's 25 Yrs of RI Sentence Considering His 5 Yrs of Custody(08.11.2022)
Madhya Pradesh High Court has suspended the sentence awarded to a gang rape convict to undergo 25 years of rigorous imprisonment in view of the period.....
Tags : Madhya Pradesh High Court, Gang Rape, Custody
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Raj. HC Asks Grandparents Seeking Minor’s Custody to Deposit Rs. 50K as Advance Litigation Cost(10.11.2022)
Rajasthan High Court while hearing a petition seeking release of their 5+ years old grandson, who is suffering from a rare disease, from alleged illeg.....
Tags : Rajasthan High Court, Advance Litigation Cost, Custody
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Madras HC Directs Crime Branch to Investigate About 100Kg Gold Missing from CBI Custody(14.12.2020)
Madras High Court has directed the Crime Branch to probe about the missing 100 Kg gold from Central Bureau of Investigation custody. The Court has fur.....
Tags : Madras High Court, Missing Gold from CBI Custody
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Kerala Human Sacrifice Case: Ernakulam Court Remands 3 Accused to Judicial Custody(13.10.2022)
Kerala’s Ernakulam Court has emanded the three accused persons, Muhammad Shafi alias Rasheed, Bhagaval Singh and Laila to judicial custody for 14 days.....
Tags : Kerala Court, Human Sacrifice, Judicial Custody
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Madras HC: 'Ego' Is A Small Three Letter Word That Spoils Relationships(19.10.2022)
Madras High Court while dismissing a wife's habeas corpus petition claiming that her husband had kept their four year old son in illegal custody, has .....
Tags : Madras High Court, custody, Habeas Corpus, ego
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Orissa HC: Accused Released on Interim Bail is Deemed to be in Constructive Custody of Court(21.12.2023)
Orissa High Court has observed that even though the word custody has not been defined in CrPC, there is no cavil that the accused who has been release.....
Tags : Orissa High Court, Interim Bail, Constructive Custody
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SC: Custody Under Section 27 of the Indian Evidence Act Does not Mean Formal Custody(04.01.2024)
Supreme Court while observing that the expression “person accused of an offence” and “in the custody of a police officer” in Section 27 of the Evidenc.....
Tags : Supreme Court, Arrested, Custody, Surveillance
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SC: Rights of Parents Irrelevant When Court Decides Custody of Their Child(13.01.2022)
Supreme Court has observed that the rights of the parents are irrelevant when a Court decides the issue of custody of their minor child.
Tags : Supreme Court, Custody of Their Child
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SC: Taking Custody of Jewellery for Safety Cannot Constitute Cruelty Under Section 498A IPC(14.01.2022)
Supreme Court has observed that taking custody of jewellery for safety cannot constitute cruelty within the meaning of Section 498A of the Indian Pena.....
Tags : Supreme Court, Taking Custody of Jewellery
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Chhattisgarh HC: Girls Aged 10-15 Yrs Undergo Biological Changes, Needs Care & Attention of Mother(26.12.2022)
Chhattisgarh High Court while granting custody of minor Hindu girl to her mother observed that a girl child aged between 10 to 15 years undergoes biol.....
Tags : Chhattisgarh High Court, Custody, Natural Guardian
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Del. HC: Adulterous Relationship of Spouse Cannot be the Sole Ground of Denying Custody of Child(05.02.2024)
Delhi High Court has held that an adulterous relationship of either spouse cannot be the sole determining factor to deny custody of a child, unless it.....
Tags : Delhi High Court, Adulterous Relationship, Child Custody
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Kerala High Court: Grandparents have Right to Custody of Kids(04.05.2016)
Kerala High Court has held that grandparents have the right to get interim custody of their grandchildren if the natural father of the child is dead.
Tags : Kerala High Court, Grandparets, custody
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P&H HC Sets Aside Order Denying Children Custody to Mother Relying on Infidelity Allegations(05.04.2021)
Punjab and Haryana High Court has set aside a Trial Court's Order by which the custody of the children was denied to the Mother by relying on allegati.....
Tags : Punjab and Haryana High Court, Children Custody
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SC: Voluntarily Surrendering Accused Can’t be Taken In Custody When Court Hasn’t Summoned Him(19.02.2024)
Supreme Court has observed that accused who has voluntarily surrendered cannot be taken into custody when Court has not issued a summoning order again.....
Tags : Supreme Court, Summoning Order, Custody
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Punjab & Haryana High Court Directs SSP to Take Minor Girl's Custody(05.07.2021)
Punjab & Haryana High Court has directed the Chandigarh SSP to take over the custody of the minor girl in a plea filed by a runaway couple (a minor gi.....
Tags : Punjab and Haryana High Court, Minor Girl’s Custody
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J&K HC: When Person Charged Under Both UAPA and NDPS, Further Custody to be Granted Under NDPS(12.07.2021)
Jammu and Kashmir High Court has held that when a person is charged both under provisions of the Unlawful Activities Prevention Act, 1967 (UAPA) and t.....
Tags : Jammu and Kashmir High Court, Further Custody
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SC: Wish of Child is Different from Best Interest of Child(01.08.2022)
Supreme Court while allowing father’s plea seeking child custody has held that the question of 'what is the wish/desire' of the child is different and.....
Tags : Supreme Court, Child Custody, Wish, Best Interest
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Meghalaya HC to Centre: Inform Kins of Foreigners Who Died in Custody for Compensation Purposes(04.08.2022)
Meghalaya High Court has directed the Union Ministry of External Affairs to inform the heirs or next of kin of the foreign nationals who died in custo.....
Tags : Meghalaya High Court, Custody, Death, Compensation
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Mumbai Court Extends Sanjay Raut’s ED Custody(05.08.2022)
Mumbai Special Court has extended Enforcement Directorate (ED) custody of Sanjay Raut in Patra Chawl Scam case till August 8.
Tags : Mumbai Special Court, Enforcement Directorate, Custody
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Punjab and Haryana HC Upholds Custody of Teenage Daughter with Mother(01.03.2021)
Punjab & Haryana High Court has upheld the custody of a teenage daughter with her mother stating that there are so many things that a daughter can't d.....
Tags : Punjab and Haryana High Court, Custody of Teenage Daughter
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Supreme Court Grants Custody of Minor to Aunt, Says Personal Laws Can’t Supersede Child’s Welfare(06.03.2024)
Supreme Court while granting a minor’s custody to her aunt, has held that the statutory provisions dealing with the custody of the child under any per.....
Tags : Supreme Court, Custody, Child’s Welfare, Personal Laws
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Madhya Pradesh HC Refuses to Grant Custody to Mother on Children’s Inclination Towards Father(04.03.2022)
Madhya Pradesh High Court has refused to pass an order of child custody in favour of the Appellant-mother, upon noting that the children themselves ha.....
Tags : Madhya Pradesh High Court, Custody, Inclination Towards Father
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J&K&L HC: Successful Prosecution is Based Upon Quality of Investigation, Not Length of Custody(05.12.2022)
Jammu and Kashmir and Ladakh High Court has observed that a successful prosecution of a criminal case in a court of law is based upon quality of polic.....
Tags : Jammu and Kashmir and Ladakh High Court, Police Investigation, Custody
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Allahabad HC: Anticipatory Bail Plea Not Maintainable if Accused Already in Custody in Another Case(13.12.2022)
Allahabad High Court has held that the anticipatory bail application of an accused is not maintainable if he is in jail in connection with another cri.....
Tags : Allahabad High Court, Anticipatory Bail, Custody
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SC: Order for Visitation Right/Temporary Child Custody Can’t Be Passed in Proceedings U/S 9 of HMA(13.12.2022)
Supreme Court has held that orders giving visitation rights or temporary child custody cannot be passed in a proceeding under Section 9 of the Hindu M.....
Tags : Supreme Court, Child Custody, Restitution of Conjugal Rights
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Madras HC: 17 Years Old Boy Mature Enough to Leave Parental Home(27.06.2016)
Madras HC has denied custody of a 17-year-old boy to his father as it finds him mentally mature to take a decision of not wanting to reside with his f.....
Tags : Madras HC , custody
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Allahabad HC: HC May Grant Habeas Corpus Writ Only for Children Detained in Illegal Custody(01.02.2022)
Allahabad High Court has observed that the power of the High Court in granting a writ of Habeas Corpus in child custody matters may be invoked only in.....
Tags : Allahabad High Court, Children Detained in Illegal Custody
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Not ‘Comfort’, But Overall Welfare of Minor Is Sole Criterion to Determine Custody: Tripura HC(17.09.2018)
Tripura High court has observed that it is not the comfort alone to be considered, but the overall welfare of the minor is the sole and predominant cr.....
Tags : Supreme Court, Minor, Custody
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Delhi HC: Keeping Undertrial in Custody Would Impact His Right to Defend During Trial(09.02.2022)
Delhi High Court has observed that keeping an undertrial in custody would impact his right to defend himself during trial and that he will be clearly .....
Tags : Delhi High Court, Keeping Undertrial in Custody
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Court Remands Delhi Chief Minister Arvind Kejriwal to Judicial Custody till 15th April(01.04.2024)
Rouse Avenue Courts has remanded Chief Minister of Delhi, Arvind Kejriwal to judicial custody till 15th April 2024 in a money laundering case related .....
Tags : Rouse Avenue Courts, Chief Minister, Arvind Kejriwal, Judicial Custody
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Kerala HC Directs CWC to Hand Over Custody of Minor Boy Allegedly Sexually Assaulted by Sister(28.03.2022)
Kerala High Court has directed a Child Welfare Committee (CWC) here to hand over custody of a minor boy, who was allegedly sexually harassed by his co.....
Tags : Kerala High Court, Custody of Minor Boy
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P&H HC: Norm on Mandatory Custody for Suspension of Sentence in NDPS Cases Should be Relaxed(18.03.2023)
Punjab & Haryana High Court has held that norm of minimum mandatory period of custody of 6 yrs for grant of relief of suspension of sentence where the.....
Tags : Punjab & Haryana High Court, Narcotics, Mandatory Custody, Suspension of Sentence
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SC Questions Trial Court Practice of Remanding Accused When They Appear in Response to Summons(22.03.2023)
Supreme Court while questioning the practice followed by Courts to remand accused to custody, moment they appear in response to summoning order, has o.....
Tags : Supreme Court, Remand, Custody, Summoning Order
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Supreme Court: Concept of 'Parental Alienation Syndrome' Discussed in Child Custody Dispute(09.05.2024)
SC has stated that Courts ought not to prematurely and without identification of individual instances of 'alienating behaviour', label any parent as a.....
Tags : Supreme Court, Parental Alienation Syndrome, Child Custody Dispute
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Bombay HC Allows Equal Custody of Child to Both Parents(05.10.2016)
Bombay HC, while granting paramount importance to child’s need of both parents, has allowed equal custody of a seven-year-old boy, who is a slow learn.....
Tags : Bombay HC, Custody of Child
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Bombay High Court: Mom’s Role in Child’s Life Can Never be Doubted(18.08.2017)
Bombay High Court has observed that the role of a mother in development of a child’s personality can never be doubted.
Tags : Bombay High Court, Custody of Child
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Delhi High Court Refuses to Grant Custody of Girl to German father(24.09.2018)
Delhi High Court has refused to grant the custody of a five-year-old girl to her father in a custodial dispute between an Indian mother and a German f.....
Tags : Delhi High Court, Custody, German Father
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Ker HC: Apply Caution While Considering Bail in POCSO Case Against Parent Litigating Child's Custody(09.03.2023)
Kerala High Court while allowing bail to father accused of sexually assaulting minor son has observed that Courts must exercise caution while consider.....
Tags : Kerala High Court, POCSO, Bail, Child Custody
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Delhi HC: Accused Cannot be Kept in Custody Only on a 'Hunch' That He Will Impede Trial(27.07.2020)
Delhi High Court has stated that the personal liberty of an accused person cannot be curtailed by denying him bail merely on the basis of the investig.....
Tags : Delhi High Court, Accused Kept in Custody
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Allahabad High Court Refuses to Give Custody of Minor Husband to Wife(17.06.2021)
Allahabad High Court has refused to give custody of a minor 'husband' to his 'wife', noting that if a minor boy would be placed under the custody of h.....
Tags : Allahabad High Court, Custody of Minor Husband
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Bombay High Court: Don't Treat Child As 'Chattel' For Claiming Custody(01.06.2017)
Bombay High Court, while observing that a minor child cannot be treated as a ‘chattel’ for claiming custody, has stayed orders of Family Court that gr.....
Tags : Bombay High Court, Custody
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Delhi Court Extends Judicial Custody of Former NSE CEO Chitra Ramkrishna(29.03.2022)
Delhi Court has prolonged the judicial custody of former NSE CEO Chitra Ramkrishna in association with the NSE co-location scam case till 11th April, .....
Tags : Delhi Court, NSE Co Location Scam, Judicial Custody
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P&H HC: Extramarital Relationship Not Grounds for Denying Custody of Child(01.06.2021)
Punjab and Haryana High Court has held that an extramarital relationship of a mother by itself is no ground to deny her the custody of her child in ca.....
Tags : Punjab and Haryana High Court, Custody of Child
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SC: Must Re-Consider View That There Can’t be Police Custody Beyond 15 Days of Arrest(11.04.2023)
Supreme Court has observed that Court must reconsider its views in CBI v. Anupam J. Kulkarni (MANU/SC/0335/1992), wherein it was held that police cust.....
Tags : Supreme Court, Police Custody, Reconsider
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Gujarat HC Grants Custody of Infant Twins to Mother Dismissing Allegations of Homosexual Affairs(21.07.2020)
Gujarat High Court has granted a mother with the custody of her twin infants dismissing allegations of homosexual affairs of the mother.
Tags : Gujarat High Court, Custody of Infant Twins
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Delhi HC Grants Interim Custody of Woman Tortured by In-Laws to Father(28.06.2021)
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 menta.....
Tags : Delhi High Court, Interim Custody of Woman
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Chhattisgarh HC: Woman's Character Can't be Decided by Certificate Given by People(04.05.2022)
Chhatisgarh High Court has held that if a wife doesn't squeeze into the mold as per the desire of husband, it would not be a crucial factor to lose th.....
Tags : Chhatisgarh High Court, custody
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Bombay HC Acquits Policemen in 1998 Custody Death Case(30.08.2016)
Bombay HC has acquitted all the six police officers charged with culpable homicide in a case where a Satara resident died following an alleged assault.....
Tags : Bombay HC, 1998 Custody Death Case
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Delhi Court Rejects Police's Plea for Further Police Custody of Wrestler Sushil Kumar(03.06.2021)
Delhi Court has turned down Police's plea seeking further 3 days police custody remand of Olympic wrestler Sushil Kumar and his associate Ajay Kumar a.....
Tags : Delhi Court, Police Custody of Wrestler Sushil Kumar
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Bom. HC: Child Custody Orders Can be Moulded Keeping in Mind Needs of the Child(08.05.2023)
Bombay High Court while observing that child custody orders can’t be rigid and final, has held that they can be moulded keeping in mind the needs and .....
Tags : Bombay High Court, Child Custody, Altered
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Allahabad HC: It’s a Child’s Natural Right to Know and Meet His Parents(05.07.2024)
Allahabad High Court has observed that the child's natural right to know and meet his parents is near perfect even during the pendency of custody case.....
Tags : Allahabad High Court, Child’s Natural Right, Custody
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Guj. HC: Surrogacy Act Doesn’t Provide for Retention of Child’s Custody for Breastfeeding(28.06.2022)
Gujarat High Court has held that the Surrogacy Regulation Act, 2021 does not envisage any provision that would require the custody of a new-born child.....
Tags : Gujarat High Court, Surrogacy Regulation Act, Custody
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Udaipur Court Remands Two Accused in Kanahiya Lal Murder to 14 Days Judicial Custody(01.07.2022)
Udaipur Court has remanded the two accused involved in Udaipur's heinous murder of the tailor Kanahiya Lal Telli to 14 days judicial custody.
Tags : Udaipur Court, Kanahiya Lal Telli Murder Case, Judicial Custody
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Delhi Court Denies Bail to Mohammed Zubair(04.07.2022)
Delhi Court has denied bail to Co-Founder of Alt News Mohammed Zubair and remanded him to 14 days judicial custody. He was arrested by the Delhi Polic.....
Tags : Delhi Court, Bail, Judicial Custody
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Raj HC: Court Can Intervene in Custody Matter Where Parent Agree on Child Custody to One of Them(08.06.2023)
Rajasthan High Court has held that in cases where parties have agreed to allow custody of child to remain with one of them, the custody should be allo.....
Tags : Rajasthan High Court, Child Custody, Welfare
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Kar. HC: Parent Losing Child Custody Should be Given Sufficient Visitation Right(24.05.2023)
Karnataka High Court has observed that Court has to ensure that sufficient visitation rights to a parent, who is not given child's custody, should be .....
Tags : Karnataka High Court, Child Custody, Visitation Right
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SC: Practice of Courts in Gujarat to Let IO Seek Police Custody While Granting Bail is Illegal(08.08.2024)
SC has held that the practice prevailing in Gujarat, that IOs are given liberty to seek police custody remand of accused after Court has granted antic.....
Tags : Supreme Court, Police Custody, Anticipatory Bail
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SC: Recording of Confession by Medical Officer When Accused in Police Custody, Hit by S. 26 of IEA(09.08.2024)
Supreme Court has set aside the conviction of accused in a murder case on the ground that the confessions by the accused are ex-facie inadmissible in .....
Tags : Supreme Court, Medical Officer, Police Custody
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SC: Granting Temp. Custody of Child to Relative Doesn’t Preclude Natural Guardian from Seeking it(21.08.2024)
Supreme Court while granting custody of a minor girl in favour of her father, has observed that merely because temporary custody of a child has been g.....
Tags : Supreme Court, Natural Guardian, Temporary Custody
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MP HC: Mother Who Nurtured Child in Womb is Certainly Entitled to His Custody(21.09.2020)
Madhya Pradesh High Court has observed that the welfare of a child is of paramount importance and that the mother/petitioner, who has nurtured the chi.....
Tags : Madhya Pradesh High Court, Custody of Child
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SC: Income, Age, Bigger Family Cannot be Sole Criteria in Child Custody Matters(10.06.2022)
Supreme Court has held that income, age, bigger family can’t be the sole criteria to decide matters related to child- custody.
Tags : Supreme Court, Child Custody
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