AI Overview...
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Writ of Habeas Corpus is Not Issued as a Matter of Course - The courts have consistently held that habeas corpus is an extraordinary remedy, not a routine or automatic remedy. It requires clear grounds, and its issuance depends on the specific facts and legality of detention. It cannot be granted casually or without proper justification. SEETA DEVI VS MATA PHER - Allahabad, Nimananda Biswal VS State of Odisha - Crimes, Sharda Rai VS State Of Bihar - Patna, Sachidanand Sah @ Sachchidanand Sah S/O Jaynarayan Sah R/O Village-Singhara, P. S. - Mahua, District-Vaishali VS State of Bihar through the Chief Secretary Government of Bihar, Patna - Patna, Nirmala Patel VS State of Chhattisgarh, through Secretary, Home Department - Chhattisgarh
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Conditions for Issuance - The writ is only issued in cases of illegal confinement or wrongful detention, and not merely on suspicion or casual allegations. The petitioner must establish wrongful detention or illegal confinement with substantial evidence. Sharda Rai VS State Of Bihar - Patna, Sachidanand Sah @ Sachchidanand Sah S/O Jaynarayan Sah R/O Village-Singhara, P. S. - Mahua, District-Vaishali VS State of Bihar through the Chief Secretary Government of Bihar, Patna - Patna, Nirmala Patel VS State of Chhattisgarh, through Secretary, Home Department - Chhattisgarh
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Not a Writ of Course - Despite being a writ of right, it is not a writ of course, meaning it is not automatically granted. It is an extraordinary remedy that requires proper application of facts and law. SEETA DEVI VS MATA PHER - Allahabad, Saroj Kumar @ Saroj Thakur VS State Of Bihar - Patna, POTA VS STATE OF M. P. - Madhya Pradesh
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Specific Circumstances and Limitations - The courts have declined to issue habeas corpus in cases involving custody arrangements or disputes where legal rights are not clearly violated, or where statutory remedies are available. For example, in custody cases, courts evaluate the best interests and legal custody arrangements rather than issuing habeas corpus as a routine remedy. Israt Jahan Tabassum VS Union of India - Delhi, Soniya VS State of U. P. - Allahabad
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Summary - Overall, habeas corpus is a potent legal tool reserved for clear cases of unlawful detention. It is not granted automatically or casually, emphasizing its role as an extraordinary remedy that requires specific, compelling grounds. Proper legal procedures and evidence are essential for its issuance.
Search Results for "Habeas Corpus is Not a Writ of Course"
1997 0 Supreme(All) 262 • India - Allahabad
O.P.JAIN
C. - WRIT OF HABEAS CORPUS SHOULD NOT BE ISSUED AS A MATTER OF COURSE AT THE INSTANCE OF A HUSBAND AGAINST THE PARENTS OR OTHER CLOSE ... Finding of the Court: The court held that a writ of habeas corpus should not be issued as a matter of course at the ... P. to hold that a writ of habeas corpus should not be issued as a matter of ....
2008 0 Supreme(Del) 292 • India - Delhi
VIKRAMAJIT SEN, P.K.BHASIN
- Held that Writ of Habeas Corpus would not be an appropriate course of action. ... Article 226 - Habeas Corpus Petition for production of minor daughter - Child receiving education in a residential school wit~ the ... consent of both parties - Inference can be drawn that both parties share custody of child - Arrangement not violating Muslim Law ... This arrangement does not violate Muslim Law. thereforee, issuance of a wr....
• India - Crimes
S. K. SAHOO, SIBO SANKAR MISHRA
course – Writ of habeas corpus is festinum remedium and power can be exercised in clear case – Illegal confinement is a pre-condition ... long – Writ of habeas corpus cannot be issued in a casual and routine manner – Though it is a writ of right, it is not a writ of ... to issue a writ of habeas corpus – It cannot be issued in respect of any and every missing pe....
2021 0 Supreme(All) 1576 • India - Allahabad
YOGENDRA KUMAR SRIVASTAVA
be available as a matter of course – Writ of habeas corpus at behest of a husband to regain his wife may not be available as a matter ... a writ of habeas corpus has been filed with a prayer to produce corpus of petitioner no.1, stated to be under detention – Petitioners ... of habeas corpus at instance of a person seeking to obtain possession of someone whom he claims to be his wife would therefo....
2021 0 Supreme(Pat) 716 • India - Patna
ASHWANI KUMAR SINGH, ARVIND SRIVASTAVA
corpus cannot be issued because writ of habeas corpus can only be exercised in clear case-Writ Petition dismissed as not maintainable ... a writ of right, it is not a writ of course-It is an extra ordinary remedy and cannot be granted on mere asking-It cannot be resorted ... corpus because there is no application whatsoever that there has been wrongful confinement by police-In instant case, #HL_ST....
1986 0 Supreme(MP) 55 • India - Madhya Pradesh
T.N.SINGH, K.M.AGARWAL
writ of course. ... ... Although a writ of habeas corpus is a writ of right, it is not a ... (1) Constitution of India-Art. 226-writ of habeas corpus-power when may be exercised-custody of a child-whom may be given. ... It was held in that case that although a writ of habeas corpus is a writ of right, it is not a wr....
2021 0 Supreme(Pat) 733 • India - Patna
ASHWANI KUMAR SINGH, NAWNEET KUMAR PANDEY
pre-condition to issue a writ of habeas corpus – Though a writ of right, it is not a writ of course – It is an extra ordinary remedy ... being conducted properly, would not give right to petitioner to approach Court by filing a writ of habeas corpus – From materials ... a writ in nature of Habeas Corpus commanding respondents authorities to rec....
2021 0 Supreme(Pat) 857 • India - Patna
ASHWANI KUMAR SINGH, RAJEEV RANJAN PRASAD
of habeas corpus – Though a writ of right, it is not a writ of course – It is an extra-ordinary remedy and cannot be granted on ... of habeas corpus cannot be issued because writ of habeas corpus is festinum remedium and power can only be exercised in a clear ... – For issuance of a writ in nature of habeas corpus for directing respondent autho....
2021 0 Supreme(Pat) 1089 • India - Patna
ASHWANI KUMAR SINGH, MADHURESH PRASAD
of habeas corpus – Though a writ of right, it is not a writ of course – It is an extra ordinary remedy and cannot be granted on ... have the body" – Habeas corpus ad subjiciendum means "that you have the body to submit or answer" – Prerogative writ of habeas corpus ... habeas corpus cannot be issued because writ of habeas #HL_....
2017 0 Supreme(Chh) 56 • India - Chhattisgarh
PRITINKER DIWAKAR, SANJAY K.AGRAWAL
of habeas corpus is not to be issued as a matter of course and clear grounds must be made out for issuance of a writ of habeas corpus ... of habeas corpus, to factual matrix of present case, it is quite vivid that petitioner has not made any averment in entire writ ... Writ Petition - Habeas Corpus - Missing - Wrongful act - Sought registration....
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